NYTimes.com Article: Judge Dismisses Suit Against Northwest

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Judge Dismisses Suit Against Northwest

September 13, 2004
 By THE ASSOCIATED PRESS





Filed at 1:53 p.m. ET

MINNEAPOLIS (AP) -- A federal judge has dismissed a privacy
lawsuit filed in North Dakota against Northwest Airlines,
one of several filed against the Eagan-based carrier for
supplying NASA with passenger data for use in airline
security studies.

U.S. District Judge Daniel Hovland, of Bismarck, N.D.,
dismissed the class action lawsuit Wednesday. His order
followed the dismissal in June by U.S. District Judge Paul
Magnuson, of St. Paul, of seven similar class action
lawsuits filed in Minnesota that had been consolidated into
one case.

Like Magnuson, Hovland rejected the plaintiffs' contention
that Northwest had violated the Electronic Communications
Privacy Act. Hovland ruled that the law is meant to apply
to companies such as Internet service providers and
telecommunications companies, not to businesses that sell
traditional products or services online.

Hovland also rejected the plaintiffs' contention that
Northwest breached a contract with them by not following
the privacy policy posted on its Web site.

The judge also ruled that the plaintiffs had failed to show
they had suffered any damages when Northwest -- in the wake
of the Sept. 11 attacks -- provided NASA with passenger
data from the last three months of 2001, including names,
flight numbers, credit card data, hotel reservations, car
rentals and traveling companies.

http://www.nytimes.com/aponline/business/AP-Lawsuit-Dismissed.html?ex=1096104163&ei=1&en=a5e0b8937ceb51c2


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