In a companion case to last week’s ruling that the Stored Communications Act does not protect e-mails stored on private computers, the Northern District of California has ruled that the Act, nevertheless, protect e-mails stored on public, online-hosted e-mail provides (in this case Yahoo). Chasten v. Franklin, 2010 WL 4065606 (N.D.Cal. October 14, 2010).
Subject to exceptions, which the court did not find in this case, the relevant sections of the Stored Communications Act, at 18 USC 2702(a) and (b), prohibit public providers of e-communications (such as Yahoo) from releasing communications or records relating to customers.
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