The Stored Communications Act (“SCA”; 18 USC 2701), which is a part of the Electronic Communications Privacy Act, prevents a criminal defendant from forcing an independent service provider, such as Facebook, to produce non-public postings by one of its subscribers—here, the victim of the criminal defendant’s attempted murder. The SCA makes exceptions for certain warrants issued to the government and for instances in which the subscriber consents to the disclosure. The SCA preempts any contrary state law and is constitutional. The defendant is not deprived of due process since he can subpoena the non-public postings by serving the subscriber rather than Facebook.
California Court of Appeal, Fourth District, Division 1 (Nares, Acting P.J.); September 26, 2017; 2017 WL 4250145