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Under the Washington Privacy Act, argued Mark Hannibal, Kathleen Moran and David Blair-Loy, there is a very strong prohibition on the interception or recording of private communications by phone, radio, telegraph or other device between two or more people without the consent of all of the parties.
Keller also stored and printed out the e-mail messages he received from Townsend.
Townsend was eventually arrested and charged with attempted rape of a minor, possession of child pornography and other crimes.
Also, since Kelly did not have a special court order allowing him to record Townsend's online messages, and because Townsend never gave his consent, the messages could not be used in a trial, they said. O'Connor of Spokane County Superior Court rejected those arguments.
She reckoned that the Washington privacy law does not apply to computer communications because the words of the statute do not specifically mention computers as a covered device.