Airline May Be Liable in Alleged Web Violation

Hawaiian Airlines Inc. may be held liable for allegedly gaining unlawful access to a company pilot’s Web site that criticized management, a federal appeals court ruled in a precedent-setting decision.

The U.S. 9th Circuit Court of Appeals reversed a federal judge’s decision to dismiss the pilot’s claims that the Honolulu-based airline had violated federal wiretap and labor laws by viewing his secure site under false pretenses and gaining unauthorized access to its contents.

In doing so, the court ruled for the first time that accessing a private Web site without permission may violate the federal Wiretap Act, the Stored Communication Act or both.

A Hawaiian Airlines vice president used another pilot’s name to enter the site more than 20 times, the 9th Circuit said. Hawaiian Airlines declined to comment. The pilot couldn’t be reached for comment.

The 9th Circuit returned the case to a federal judge for further proceedings.

Hawaiian Airlines shares closed unchanged at $2.19 on Amex.