Editors' note: This is a guest column. See Larry Downes' bio below.
There was good news yesterday for Internet intermediaries and other cloud-computing service providers. In a highly readable decision (PDF) from Judge Danny Boggs of the Sixth Circuit Court of Appeals, the court held that key provisions of the Stored Communications Act are unconstitutional. The case is U.S. v. Warshak.
Under SCA, law enforcement agents can compel Internet service providers to disclose the contents of private communications they hold on behalf of users. Such communications include, of course, personal and business e-mail, along with other documents, photos, and … Read more