IAPP CIPP/US Practice Exam

Category - Professional

Which type of request is not valid grounds for a storer of electronic communications to divulge the contents of an individual’s incoming and outgoing text messages?
  1. Court order issued by a federal judge
  2. Civil subpoena
  3. Warrant issued by law enforcement
  4. Grand jury subpoena
Explanation
Answer: B - The Stored Communications Act (“SCA”) is covered under the ECPA. Under the SCA, “storers of electronic communications” are defined. Therefore, Facebook Messenger, AT&T, Verizon, and WeChat are liable for compliance with the SCA.
 
Any storer of electronic communications may be responsible for divulging the contents of an individual’s incoming and outgoing text messages in response to a court order issued by a federal judge, warrant issued by law enforcement or a government agency, or a grand jury subpoena. While other valid legal processes may require divulgence or disclosure of the content, a civil subpoena does not justify disclosure.
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