Stored Communications Act

The Stored Communications Act (SCA, codified at 18 U.S.C. Chapter 121 §§ 2701–2712) is a law that addresses voluntary and compelled disclosure of "stored wire and electronic communications and transactional records" held by third-party internet service providers (ISPs). It was enacted as Title II of the Electronic Communications Privacy Act (ECPA, Pub.L. 99–508, 100 Stat. 1848, enacted October 21, 1986).

The Fourth Amendment to the U.S. Constitution protects the people's right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…." However, when applied to information stored online, the Fourth Amendment's protections are potentially far weaker. In part, this is because the Fourth Amendment defines the "right to be secure" in spatial terms that do not directly apply to the "reasonable expectation of privacy" in an online context. In addition, society has not reached clear consensus over expectations of privacy in terms of more modern (and developing, future) forms of recorded and/or transmitted information.

Furthermore, users generally entrust the security of online information to a third party, an ISP. In many cases, Fourth Amendment doctrine has held that, in so doing, users relinquish any expectation of privacy. The "third party doctrine" holds "…that knowingly revealing information to a third party relinquishes Fourth Amendment protection in that information." While a search warrant and probable cause are required to search one’s home, under the third party doctrine only a subpoena and prior notice (a much lower hurdle than probable cause) are needed to compel an ISP to disclose the contents of an email or of files stored on a server. The SCA creates Fourth Amendment-like privacy protection for email and other digital communications stored on the internet. It limits the ability of the government to compel an ISP to turn over content information and noncontent information (such as logs and "envelope" information from email). In addition, it limits the ability of commercial ISPs to reveal content information to nongovernment entities.

Read more about Stored Communications Act:  Overview, Constitutionality of Compelled Government Disclosure, Robbins V. Lower Merion School District

Famous quotes containing the words stored and/or act:

    The idea that information can be stored in a changing world without an overwhelming depreciation of its value is false. It is scarcely less false than the more plausible claim that after a war we may take our existing weapons, fill their barrels with cylinder oil, and coat their outsides with sprayed rubber film, and let them statically await the next emergency.
    Norbert Wiener (1894–1964)

    It would be one of the greatest triumphs of humanity, one of the most tangible liberations from the constraints of nature to which mankind is subject, if we could succeed in raising the responsible act of procreating children to the level of a deliberate and intentional activity and in freeing it from its entanglement with the necessary satisfaction of a natural need.
    Sigmund Freud (1856–1939)