User’s Guide to the Stored Communications Act:

The final version of my new article on the Stored Communications act is now online: A User’s Guide to the Stored Communications Act, and a Legislator’s Guide to Amending It. The Stored Communications Act is the federal law that governs access to stored Internet communications and other Internet records held by ISPs. Although the SCA has been around since 1986 and has become only more important over time, few people understand what it does. My hope is that this article can shed a little light on the statute in a way that lawyers and judges will find helpful.

  The final version of the article also discusses some recent cases and controversies on the SCA. It offers a very critical take on Judge Kozinski’s surprising decision in Theofel v. Farey-Jones — I describe the opinion’s rationale as “highly implausible” and “remarkable” — and includes a discussion of the issues raised by the recent First Circuit litigation in United States v. Councilman.