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.”85 To state a claim under the Stored Communications Act, a plaintiff must show that the defendant “(1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or (2) intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system.”86 The District Court dismissed this claim on the basis of the Act’s requirement that the illicit access be with respect to “a facility through which an electronic communication service is provided.”87 As pled in the complaint, the illicit access at issue was to the plaintiffs’ personal web browsers. 85 Garcia v. City of Laredo, Tex., 702 F.3d 788, 791 (5th Cir. 2012); see also id. at 793; United States v. Councilman, 418 F.3d 67, 80-81 (1st Cir. 2005) (en banc); S. Rep. No. 99-541, at 5 (1986); Orin S. Kerr, A User’s Guide to the Stored Communications Act, and a Legislator’s Guide to Amending It, 72 Geo. Wash. L. Rev. 1208, 1209-15 (2004). 86 18 U.S.C. § 2701(a); see also id. § 2707(a) (cause of action). 87 In re: Google, 988 F. Supp. 2d at 445-47; 18 U.S.C. § 2701(a). 42

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