A South Carolina Judge has ruled that email that has been open and resides in the inbox may not be protected under the Stored Communications Act, conflicting with the ruling of the South Carolina Court of Appeals. At issue is whether an opened email constitutes "electronic storage" or if it is "backup protection." The case went to trial when a man sued his wife, daugher-in-law and a private investigator after they hacked into his Yahoo! email account and discovered damaging emails between the man and his paramour.