Case 2:16-mj-01061-TJR Document 13 Filed 02/03/17 Page 5 of 29
B.
Stored Communications Act
As noted supra, the search warrants at issue in the present cases were issued under
section 2703 of the SCA. 4 The SCA "was born from congressional recognition that neither
existing federal statutes nor the Fourth Amendment protected against potential intrusions on
individual privacy arising from illicit access to stored communications in remote computing
operations and large data banks that stored e-mails." In re Google Inc. Cookie Placement
Consumer Privacy Litig., 806 F.3d 125, 145 (3d Cir. 2015) (internal quotation omitted), cert.
denied (2016). Section 2701 of the Act prohibits unauthorized third parties from, inter alia,
obtaining, altering or preventing authorized access to an electronic communication stored in a
facility through which an electronic communication service is provided. See 18 U.S.C.§ 2701.
Section 2701 also imposes criminal penalties for its violation. Id. Subject to certain exceptions,
section 2702 of the Act prohibits providers of electronic communication services and remote
computing services from disclosing information associated with and contents of stored
communications. See 18 U.S.C. § 2702. Significant to the cases at bar, the SCA also empowers
the Government to compel a provider to disclose customer information and records. See 18
U.S.C. §§ 2702(b), 2703. The Government may seek information in three ways: by subpoena,
court order, or warrant. See 18 U.S.C. § 2703. The particular method chosen by the Government
dictates the showing that must be made by the Government and the type of records that must be
disclosed in response.
4
The SCA was passed as part of the Electronic Communications Privacy Act of
1986, Pub. L. No. 99-508, 100 Stat. 1848 (1986).
5