CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
......Stored Communications Act
2 Cards On This Topic:
Criminal defendants' subpoena to social media providers is unenforceable under the Stored Communications Act only with respect to communications restricted from public access by the social media user.
When an email account user has expressly consented to disclosure, the Stored Communications Act does not prevent enforcement of a subpoena seeking materials from service providers in conformity with that consent.