Matthew Verga, XDD: California Courts Again Avoid Social Media Constitutional Question

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California Courts Again Avoid Social Media Constitutional Question

In Facebook, Inc. v. Superior Court of the City and County of San Francisco, a California Court of Appeal emphasizes the importance of exhausting your options before invoking the Constitution

by Matthew Verga, JD, Xact Data Discovery

We have discussed before some litigants’ attempts to obtain non-public social media materials by subpoenaing those materials directly from the social media service providers.  Unfortunately for the requesting parties, those attempts have run up against Title II of the Electronic Communications Privacy Act of 1986 (Pub. L. 99-508, Oct. 21, 1986), which is also known as the Stored Communications Act (SCA).  The SCA establishes certain privacy protections for our electronic materials stored with third party service providers.

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