Also known as: electronically stored · electronically stored information · ESI
Written by attorneys · grounded in primary & secondary sources — see below
Temporary or backup storage of a wire or electronic communication held by an electronic communication service. Part A covers storage incidental to transmission. Part B covers storage for backup protection.
Ezra Eastman, counsel for Everest Holdings, receives an email from opposing counsel that includes attached files containing client strategy notes. Eastman realizes the sender likely did not intend to include the attachments. Investigators later seek the retained copies from the provider's servers under the SCA backup-protection prong.
Esme Ellington sends emails through a commercial service that retains copies on its servers after delivery. Investigators seek the contents without a warrant more than 180 days later. The court must determine whether the retained copies qualify as electronic storage under the backup-protection prong.
Select any source to read its text and confirm it supports the definition.
Electronic storage includes temporary intermediate storage incidental to transmission and storage by an electronic communication service for backup protection. Both must involve a wire or electronic communication.
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Yes. When contents are in electronic storage for 180 days or less, a search warrant is required to compel disclosure from an electronic communication service provider.
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An electronic communication service provider may not voluntarily disclose contents held in electronic storage. Remote computing service providers face different restrictions that turn on whether the data is held solely for storage or processing.
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…of Judge Battaglia In this case, we are tasked with determining the appropriate way to authenticate, for evidential purposes, electronically stored information printed from a social networking website, in particular, MySpace. Antoine Levar Griffin, Petitioner, seeks reversal of his convictions in the Circuit Court for Cecil County, contending…