A Distinctionless Distinction: why the RCS/ECS Distinction in the Stored Communications Act Does Not Work

Abstract

The article focuses on the Stored Communications Act (SCA) and the amendments proposed to the SCA. It discusses cases related to the application of the SCA with contradictory results including George Theofel v. Alwyn Farely-Jones, Ernest Flagg v. City of Detroit, Michigan and Quon v. Arch Wireless Inc. It states that SCA protects the privacy of electronic communication through Fourth Amendment and sets the framework for the disclosure