providers and of records held about the subscriber by service providers,” according to
the Justice Department.12 We discuss its provisions further below.
B.
The Technological Setting in 1986
When it passed the Stored Communications Act almost thirty years ago,
Congress had as reference a technological context very different from today’s Internet‐
saturated reality. This context affects our construction of the statute now.
One historian of the Internet has observed that “before 1988, the New York Times
mentioned the Internet only once—in a brief aside.” Roy Rosenzweig, Wizards,
Bureaucrats, Warriors, and Hackers: Writing the History of the Internet, 103 Am. Hist. Rev.
1530, 1530 (1998). The TCP/IP data transfer protocol—today, the standard for online
communication—began to be used by the Department of Defense in about 1980. See
Leonard Kleinrock, An Early History of the Internet, IEEE Commc’ns Mag. 26, 35 (Aug.
2010). The World Wide Web was not created until 1990, and we did not even begin
calling it that until 1993. Daniel B. Garrie & Francis M. Allegra, Plugged In: Guidebook to
Software and the Law § 3.2 (2015 ed.). Thus, a globally‐connected Internet available to the
general public for routine e‐mail and other uses was still years in the future when
Congress first took action to protect user privacy. See Craig Partridge, The Technical
Development of Internet Email, IEEE Annals of the Hist. of Computing 3, 4 (Apr.‐June
2008).
C.
The Stored Communications Act
As the government has acknowledged in this litigation, “[t]he SCA was enacted
to extend to electronic records privacy protections analogous to those provided by the
12
See supra note 11.
14
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