John Haley | Bloomberg Law Suzlon Energy Ltd. v. Microsoft Corp., No. 10-35793, 2011 BL 252687 (9th Cir. Oct. 3, 2011) The U.S. Court of Appeals for the Ninth Circuit upheld a district court's quashing of a petition for an order for Microsoft to produce the e-mails of an Indian citizen finding that protections of the Electronic Communications Privacy Act apply equally to U.S. citizens and non-citizens alike.
Plaintiff Seeks Foreign Citizen's E-Mails
ECPA Applies to Foreign Citizens
(a) Prohibitions — Except as provided in subsection (b) or (c)— (1) a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service; and (2) a person or entity providing remote computing service to the public shall not knowingly divulge to any person or entity the contents of any communication which is carried or maintained on that service (A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communications received by means of electronic transmission from), a subscriber or customer of such service; (B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing; and (3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental entity.
No Implied Consent
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