Stored Communications Act

On June 22, 2018, the United States Supreme Court held in Carpenter v. United States that law enforcement agencies must obtain a warrant supported by probable cause to obtain historical cell-site location information from third-party providers.
Continue Reading Supreme Court Holds Warrant Required to Obtain Historical Cell Phone Location Information

On December 15, 2014, Microsoft reported the filing of 10 amicus briefs in the 2nd Circuit Court of Appeals signed by leading technology and media companies, computer scientists and trade associations and advocacy organizations, in support of Microsoft’s litigation to resist a U.S. Government’s search warrant purporting to compel the production of Microsoft customer emails that are stored in Ireland.
Continue Reading Industry, Privacy Advocates Join Microsoft to Protect Customer Emails in Foreign Servers

As reported in the Hunton Employment and Labor Perspectives Blog, a federal district court in New Jersey recently ruled that non-public Facebook wall posts are protected under the Stored Communications Act. This blog post outlines the court’s analysis of the relevant SCA provisions and exceptions applicable to the case.
Continue Reading Federal Court: Non-Public Facebook Wall Posts Are Protected Under the Federal Stored Communications Act

On June 5, 2013, a federal district court in Ohio held that the Stored Communications Act can apply to an employer reading a former employee’s personal emails on a company-issued mobile device that the employee returned at the end of the employment relationship.
Continue Reading Stored Communications Act Can Apply to Reading Personal Emails on a Former Employee’s Company-Issued Device

A federal district court in California recently quashed a civil subpoena for private messages sent through Facebook and MySpace, but found that more evidence regarding the plaintiff’s privacy settings was needed to determine whether his wall posts and comments should be similarly protected.

Continue Reading Privacy Settings on Social Networking Sites May Determine Protection Under Stored Communications Act