District Court “Backs Up” from Ninth Circuit’s Ruling on Access to Stored Email

A district court in Illinois recently determined that opened, web-based emails held by an Internet Service Provider are not in “electronic storage” within the meaning of the Stored Communications Act (SCA). Accordingly, the government could obtain such emails with a mere subpoena rather than a search warrant. The district court came to this conclusion despite the Ninth Circuit’s contrary ruling in Theofel v. Farey-Jones which, as we previously reported, reached a broader interpretation of “electronic storage” and thus affords greater privacy protection for emails.

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