Data Stored on Cell Phones Is Not Protected Under SCA

The intentional, unauthorized access of text messages and photographs stored on a cell phone was not a violation of the Stored Communications Act because cell phones are not providers of electronic communication services within the meaning of the Act, the U.S. District Court for the Southern District of Mississippi held Jan. 20 (Galey v. Walters, 2015 BL 13532, S.D. Miss., 2:14-cv-00153-KS-MTP, 1/20/15).

Judge Keith Starrett said the plaintiff’s allegation that the defendant used the communications to access private information stored with the phone company or Internet service provider may have been sufficient to state a plausible claim ...