Category Archives: Stored Communications Act

LA5: CSLI obtained by subpoena 16 months before Carpenter subject to GFE

The state obtained defendant’s CSLI 16 months before Carpenter with a subpoena duces tecum. Under the Davis v. United States good faith exception, the exclusionary rule should not apply. State v. Davis, 2019 La. App. LEXIS 627 (La. App. 5 … Continue reading

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CA1: SCA emergency request for Kik app customer info didn’t implicate Carpenter concerns

The government used an emergency application for user data from the Kik app after learning that defendant was allegedly sending child pornography to children through it. The information was nowhere near the quality and intrusiveness of the information in Carpenter, … Continue reading

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OR: State can’t be compelled to issue SW to Google to help defense case

Defendant was accused of the rape of J. The defense learned that she kept a journal on Google, and the defense sought to get it by subpoena from Google under the Stored Communications Act. There were hearings and the state … Continue reading

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Cal.1: Subpoena for info on who arranged home rentals didn’t violate SCA and would be enforced

The City sought a subpoena to HomeAway to produce records of people that arrange occasional rentals of their homes or apartments for purposes of collecting sales taxes. HomeAway contends that it merely enables people to connect with each other and … Continue reading

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D.D.C.: There’s a right of public access to old pen register and SCA orders where no ongoing investigation would be compromised

In a 102 page opinion, with the agreement of the USAO, the D.D.C. finds a limited right of access in old sealed pen register orders and SCA orders and unseals those that will not compromise ongoing investigations. There is an … Continue reading

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Daily Business Review: The Right To Be Secure Against Unreasonable Search and Seizure of Overseas Electronic Data?

Daily Business Review: The Right To Be Secure Against Unreasonable Search and Seizure of Overseas Electronic Data? by ​Justin Guido A U.S. based company receives a warrant from the U.S. government issued under the Stored Communications Act. As part of … Continue reading

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Just Security: Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say?

Just Security: Top Experts: Can Facebook Legally Disclose Russian Ads–What does the Stored Communications Act say? by Ryan Goodman:

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