Category Archives: Stored Communications Act

D.Utah: Def in jail can’t get unrecorded phone calls to nonlawyers to prepare for trial

Defendant seeks unrestricted phone access without recording, but not just to his lawyer or standby counsel–every call. No First, Fourth, or Sixth Amendment violation (limited to lawyers). United States v. Cromar, 2023 U.S. Dist. LEXIS 215498 (D. Utah Dec. 4, … Continue reading

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N.D.Cal.: Passwords are protected by the Stored Communications Act

In civil case for evidence production brought in San Francisco to aid litigation in Ontario, Canada. the court holds that account passwords are protected by the Stored Communications Act and there was no consent to disclosure. In re Path Network, … Continue reading

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D.Nev.: Def can’t be conclusory attempting to show standing in a rented vehicle

Conclusory statement of standing in a rented vehicle fails without some proof. “Defendant’s expectation of privacy rests on his contention that he rented the Taurus on Turo and lacked knowledge of the possibly stolen character of the vehicle. But if … Continue reading

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CA9: Husband hacking wife’s work emails for divorce advantage violated SCA

Husband’s interception of his wife’s work emails for advantage in their divorce case violated the Stored Communications Act as well as her right of privacy. The district court erred in granting him summary judgment. Clare v. Clare, 19-36039 (9th Cir. … Continue reading

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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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