Times Union, Privacy Policy, and the Electronics Communications Privacy Act

UPDATE (11/4/2007): The Times Union exacerbated its violations of the ECPA and their own privacy policy with a further article by Casey Seiler about Sock Puppets.-----------In a recent article the Times Union "outed" some blog commenters. I've been wondering if they can be sued for this, as it appears to violate both their own privacy policy and the Electronics Communications Privacy Act (18 US