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The Stored Communications Act (SCA, codified at 18 U.S.C. (Chapter 121 ) §§ 2701–2712) is a law that addresses voluntary and compelled disclosure of "stored wire and electronic communications and transactional records" held by third-party internet service providers (ISPs). It was enacted as Title II of the Electronic Communications Privacy Act of 1986 (ECPA). The Fourth Amendment to the U.S. Constitution protects the people's right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". However, when applied to information stored online, the Fourth Amendment's protections are potentially far weaker. In part, this is because the Fourth Amendment defines the "right to be secure" in spatial terms that do not directly apply to the "reasonable expectation of privacy" in an online context. In addition, society has not reached clear consensus over expectations of privacy in terms of more modern (and developing, future) forms of recorded and/or transmitted information. Furthermore, users generally entrust the security of online information to a third party, an ISP. In many cases, Fourth Amendment doctrine has held that, in so doing, users relinquish any expectation of privacy. The Third-Party Doctrine holds "…that knowingly revealing information to a third party relinquishes Fourth Amendment protection in that information."〔Kerr, Orin S., ''(The Case for the Third-Party Doctrine )'', Michigan L. Rev., Vol. 107, 2009; GWU Legal Studies Research Paper No. 421.〕 While a search warrant and probable cause are required to search one’s home, under the third party doctrine only a subpoena and prior notice (a much lower hurdle than probable cause) are needed to compel an ISP to disclose the contents of an email or of files stored on a server.〔Kerr, Orin S., ''(A User's Guide to the Stored Communications Act, and a Legislator's Guide to Amending It )'', George Washington L. Rev. (2004). Available at .〕 The SCA creates Fourth Amendment-like privacy protection for email and other digital communications stored on the internet. It limits the ability of the government to compel an ISP to turn over content information and noncontent information (such as logs and "envelope" information from email). In addition, it limits the ability of commercial ISPs to reveal content information to nongovernment entities. == Overview == Section 2701 of the SCA provides criminal penalties for anyone who "intentionally accesses without authorization a facility through which an electronic communication service is provided or… intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished ... ."〔http://www.law.cornell.edu/uscode/text/18/2701〕 The section 2702 of the SCA targets two types of online service, "electronic communication services" and "remote computing services." The statute defines an electronic communication service as "…any service which provides to users thereof the ability to send or receive wire or electronic communications." A remote computing service is defined as "the provision to the public of computer storage or processing services by means of an electronic communications system." Section 2702 of the SCA describes conditions under which a public ISP can voluntarily disclose customer communications or records. In general, ISPs are forbidden to "divulge to any person or entity the contents of any communication which is carried or maintained on that service." However, ISPs are allowed to share "non-content" information, such as log data and the name and email address of the recipient, with anyone other than a governmental entity. In addition, ISPs that do not offer services to the public, such as businesses and universities, can freely disclose content and non-content information.〔 An ISP can disclose the contents of a subscriber's communications authorized by that subscriber.〔(18 U.S.C. § 2701(c)(2) )〕 Section 2703 of the SCA describes the conditions under which the government is able to compel an ISP to disclose "customer or subscriber" content and non-content information for each of these types of service: * Electronic communication service. If an unopened email has been in storage for 180 days or less, the government must obtain a search warrant. There has been debate over the status of opened emails in storage for 180 days or less, which may fall in this category or the "remote computing service" category.〔 * Remote computing service. If a communication has been in storage for more than 180 days or is held "solely for the purpose of providing storage or computer processing services" the government can use a search warrant, or, alternatively, a subpoena or a "specific and articulable facts" court order (called a 2703(d) order) combined with prior notice to compel disclosure. Prior notice can be delayed for up to 90 days if it would jeopardize an investigation. Historically, opened or downloaded email held for 180 days or less has fallen in this category, on the grounds that it is held "solely for the purpose of storage."〔 Section 2705(b) () also provides for gag orders, which direct the recipient of a 2703(d) order to refrain from disclosing the existence of the order or investigation.〔(In Re: Application of the United States of America for an Order Pursuant to 18 U.S.C. Section 2703(d) ) of January 25, 2013, p. 4, from the Wikileaks-related Twitter subpoenas〕 Section 2709 () authorizes so-called national security letters and their associated gag orders. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Stored Communications Act」の詳細全文を読む スポンサード リンク
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