I'm not sure, that's why I'm asking. The legal definition says, "temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof", meaning the communication gets stored in one location while en route to another location. I'm not certain, but I'm pretty sure that freepmail doesn't go anywhere beyond FR's server. It never gets downloaded from ISPs in the way that regular e-mail gets downloaded. It's just not the type of communication that ECPA was intended to protect. Besides that, I'm not sure that FR even qualifies as an Electronic Communication Service Provider within the meaning of the act at all.
And beyond all of those concerns, I fail to see how the communication itself had any affect whatsoever on interstate (or foreign) commerce, which is another ECPA requirement.
Of course FR FReepmail acts as an intermediary. If, for example, I sent you some FReepmail, it goes to the FR sever, where it is stored temporarily until such time as you read it.
If you don't read it, then, yeah, it doesn't go anywhere beyond FR's servers. If, on the other hand, you do read it, the provisions in the law have been met, as you've "downloaded" my message to your computer.
I could be wrong here, but where is the provision in the act specifying use of an "ISP" for these purposes?
Just wonderin'...
CA....