5th Circuit Holds Cell Phone Data Not Protected by SCA

The federal Stored Communications Act (SCA) does not protect text messages, photos, and video on a cell phone since the phone is not a “facility” nor an “electronic communication service” as defined in the federal statute.  An employee had her phone taken from her work locker and inspected for potential violations of policy.  She was fired.  She claimed, among other things, a violation of the SCA but lost on summary judgment.

The Fifth Circuit affirmed finding that the (undefined) term of “facility” did not include personal computers or cell phones and are more often the ISP or cell provider.  The personal devices enabled the use of the “electronic communication service” (ECS) and not what the ECS providers use to store and maintain data.  Likewise, the data on the phone was not “electronic storage.”

The case is Garcia v. City of Laredo et al.

A comprehensive background on the SCA is Orin S. Kee, A User’s Guide to the Stored Communications Act and a Legislator’s Guide to Amending It.

1st Amendment
Christopher Hopkins discusses First Amendment & Social Media at University of Miami Law School

A special thanks to professor Jan Jacobowitz for inviting me to speak about the First Amendment and Social Media as part of her Social Media and the Law class at the University of Miami Law School. Some of the cases we covered include: Elonis v US US v Elonis In …

Uncategorized
Meet Christopher Hopkins (YouTube Video)

McDonald Hopkins LLC has produced a short video segment “Meet Christopher Hopkins” which you can view here. The video shares my thoughts on a number of topics, such as the best part of being a lawyer.

Conspiracy
Florida Atlantic University and Other Defendants File Motions to Dismiss Against Conspiracy Professor James Tracy

Readers of this blog will recall the story of former university professor James Tracy, who taught and eschews conspiracy theories and was fired for breach of a Florida Atlantic University’s “Conflict of Interest / Outside Activities” policy which required professors to advise FAU of their outside activities.  He filed a massive …