The Stored Communications Act and Facebook

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The Stored Communications Act Title II of the Electronic Communications Privacy Act of 1986, or the Stored Communications Act, falls short of the technological advances we have made in our society to date. Within its’ boundaries, the Stored Communications Act treats personal information, such as private messages, emails, and user information differently than physical documents stored in an individual’s home. In the previous assignment, I described the shortcomings of the SCA. Now, I will delve into what can be done to change this Act in order to make it congruent with present and future data use. This involves looking at how not only the Stored Communication’s act can be altered, but what policy changes should occur in the sector of social networks. Short Recap The Stored Communications Act falls short in many categories mainly because it is out of date. Firstly, the SCA allows for any government entity to access stored communications, meaning emails and private messages, six months after they have been opened. “A governmental entity may require the disclosure by a provider of electronic communications services of the content of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than one hundred and eighty days by the means available under subsection (b) of this section.” Secondly, the Stored Communications Act does not provide full warrant protection of private messages or personal data. This information can be obtained from a government entity, like the NSA, merely by obtaining a subpoena. This means that private communications and personal data are treated as differently than if they were on paper and stored within your home. This particular section goes ... ... middle of paper ... ...ives and Records Administration. National Archives and Records Administration, n.d. Web. 27 Apr. 2014. . Kerr, Orin S. "A USER'S GUIDE TO THE STORED COMMUNICATIONS ACT - AND A LEGISLATOR'S GUIDE TO AMENDING IT." George Washington Law Review 72 (2004): n. pag. Print. Crime, Terrorism, Homeland Security, and Investigations, U.S. House Judiciary Subcommittee Cong. (March 19, 2013) (testimony of Acting Assistant Attorney General Elana Tyrangiel). Stefan Stieger, Christoph Burger, Manuel Bohn, and Martin Voracek. Cyberpsychology, Behavior, and Social Networking. September 2013, 16(9): 629-634. Mundie, Craig. "Privacy Pragmatism: Focus on Data Use, Not Data Collection." Foreign Affairs Mar. 2014: n. pag. 5. Web.

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