plaintiffs here use their web browsers to access network
services such as email and websurfing.
In considering the plaintiffs’ argument that we should
give “facility” a broad, plain language meaning, we are
reminded that “[a] fair reading of legislation demands a fair
understanding of the legislative plan.”97 And we agree with
the Fifth Circuit that the Act clearly shows a specific
congressional intent to deal with the particular problem of
private communications in network service providers’
possession. The textual cues surrounding the term “facility,”
bolstered by the legislative history and enactment context of
the Act, support the conclusion that “the words of the statute
were carefully chosen: ‘[T]he statute envisions a provider (the
[Internet Service Provider] or other network service provider)
and a user (the individual with an account with the provider),
with the user’s communication in the possession of the
provider.’”98 And “[t]his is consistent with the [Act]’s
purpose: home computers are already protected by the Fourth
Amendment, so statutory protections are not needed.”99 In
this context, “facility” is a term of art denoting where network
service providers store private communications.
97
King v. Burwell, 135 S. Ct. 2480, 2496 (2015).
98
Garcia, 702 F.3d at 793 (emphases removed) (alteration in
original) (quoting Kerr, A User’s Guide to the Stored
Communications Act, 72 Geo. Wash. L. Rev. at 1215 n.47).
99
Kerr, A User’s Guide to the Stored Communications Act,
72 Geo. Wash. L. Rev. at 1215.
46
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