computer to third parties, but that would be the result of [the
plaintiffs’] argument.”94
The origin of the Stored Communications Act
confirms that Congress crafted the statute to specifically
protect information held by centralized communication
providers. “‘Sen. Rep. No. 99–541 (1986)’s entire discussion
of [the Stored Communications Act] deals only with facilities
operated by electronic communications services such as
“electronic bulletin boards” and “computer mail facilit[ies],”
and the risk that communications temporarily stored in these
facilities could be accessed by hackers. It makes no mention
of individual users’ computers . . . .’”95
The plaintiffs take a different view, arguing that the
plain language of the terms “facility” and “electronic
communication service” are sufficiently flexible to
encompass contemporary personal computing devices that are
used to engage with telecommunications services. After all,
when the Act was enacted, Black’s Law Dictionary defined
“facilities” as “that which promotes the ease of any action,
operations, transaction, or course of conduct.”96 And the
94
In re: iPhone, 844 F. Supp. 2d at 1058 (quoting Crowley v.
CyberSource Corp., 166 F. Supp. 2d. 1263, 1270-71 (N.D.
Cal. 2001)).
95
Garcia, 702 F.3d at 793 (second and third alterations in
original) (quoting In re DoubleClick Inc. Privacy Litig., 154
F. Supp. 2d 497, 512 (S.D.N.Y. 2001) (quoting S. Rep. No.
99–541, at 36).
96
Black’s Law Dictionary 705 (5th ed. 1979).
45
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