Subpoenas to Service Providers for Messages’ Content Too Broad Under SCA

May 14, 2012, 6:11 PM UTC

A subpoena to Yahoo! Inc., seeking over a year of a subscriber’s complete email records and contacts was improper under the Stored Communications Act and grossly overbroad, a magistrate judge for the U.S. District Court for the Northern District of Illinois ruled May 2 (Special Mkts. Ins. Consultants Inc. v. Lynch, N.D. Ill., 1:11-cv-09181, 5/2/12).

The judge rejected the plaintiffs’ contention that the defendants lacked standing to challenge the subpoenas to non-party Yahoo! and a related subpoena seeking text message and call data from Verizon Wireless, pointing to three different rules conferring standing, Fed. R. Civ. P. ...

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