Tag Archives: Stored Communications Act

Court Tosses Claims Against Google and Others Based on Safari Hack

By Katherine Gasztonyi Last week, Judge Robinson of the District of Delaware dismissed a multi-district lawsuit claiming that Google, Vibrant Media, Media Innovation Group, and WPP violated federal privacy and computer security laws by allegedly circumventing browser privacy settings in order to track users online. This lawsuit stems from a February 17, 2012, Wall Street … Continue Reading

Federal Court Finds Stored Communications Act Applies to Facebook Wall Posts

A New Jersey federal court recently held that an employee’s Facebook wall posts were protected by the Stored Communications Act (“SCA”), 18 U.S.C. § 2701 et seq., in one of the first cases to analyze the SCA’s application to the Facebook wall.  Ehling v. Monmouth-Ocean Hospital Service Corp.., No. 2:11-cv-3305 (WMJ) (D.N.J. Aug. 20, 2013).  An … Continue Reading

5th Circuit Rules That Cell Phones Are Not “Facilities” Under SCA

Yesterday the Fifth Circuit ruled in Garcia v. City of San Laredo that personal cell phones are not “facilities” under the Stored Communications Act (SCA), agreeing with a growing number of courts that have reached the same conclusion.  In reaching this decision, the court rejected the claim of plaintiff Garcia, a former police dispatcher for the … Continue Reading

Twitter Appeals Ruling Requiring It to Produce User’s Tweets and Subscriber Information

Earlier this week, Twitter appealed a New York state judge’s ruling that required the company to produce an Occupy Wall Street protestor’s tweets, email address, and certain subscriber information.  The trial court judge had reasoned that the public nature of Twitter meant that the defendant lacked privacy interests in his tweets and that the government’s … Continue Reading

Twitter to Appeal NY Ruling that It Must Hand over Occupy Protestor’s Tweets

Twitter has announced that it will appeal a New York state judge’s ruling that the company must hand over an Occupy Wall Street protestor’s tweets to the Manhattan district attorney.  The defendant was charged with disorderly conduct for his participation in a protest march in October 1, 2011.  Following that incident, the district attorney subpoenaed … Continue Reading

Key Holdings in the In re iPhone Application Dismissal Order

By: Shel Abramson The United States District Court for the Northern District of California recently dismissed with prejudice most claims asserted by consumer plaintiffs in In re iPhone Application Litigation, including causes of action under the Stored Communications Act (“SCA”), the Wiretap Act, and other federal and state laws.  Plaintiffs asserted that Apple and a group … Continue Reading

Federal Court Finds Warrant Required to Obtain Cell-Phone Locations

Government officials must seek a warrant to compel the disclosure of cell phone location data, a federal district court ruled, holding that a federal law allowing the government to obtain some information without a warrant violates the Fourth Amendment. In a one-page order upholding a magistrate judge’s decision, U.S. District Judge Lynn N. Hughes, of … Continue Reading
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