With no explanation, chose the best option from "A", "B", "C" or "D". a[n] ... electronic communication incidental to the electronic transmission thereof,” 18 U.S.C. § 2510(17)(A), and “any storage of such communication by an electronic communication service for purposes of backup protection of such communication,” 18 U.S.C. § 2510(17)03). The Defendants argue that, whether opened or unopened, email messages are not in electronic storage. It is unclear whether opened email messages are in electronic storage. Compare Theofel v. Farey-Jones, 359 F.3d 1066, 1071, 1075-76 (9th Cir.2004) (explaining that “prior access is irrelevant to whether the messages at issue were in electronic storage”; rather, the inquiry under definition (B) is the purpose for which the messages are being stored), and Jennings v. Jennings, 389 S.C. 190, 697 S.E.2d 671, 678 (App.2010) (<HOLDING>), with Crispin v. Christian Audigier, Inc., 717

A: holding that lprs are entitled to the protection of the equal protection clause
B: holding that that choices as to selection and arrangement are entitled to copyright protection only so long as they are made independently
C: holding that email messages stored on a server after the messages have been opened are in electronic storage because they are stored for backup protection
D: holding that government officials are provided with qualified immunity so long as their actions could have been reasonably thought consistent with the rights they are alleged to have violated
C.