Jennifer Granick writes:
Yesterday, in Fayelynn Sams v. Yahoo! Inc., No. 10-cv-05897 (N.D. Cal. 2011), Zwillinger Genetski obtained a dismissal of a class action lawsuit from the Northern District of California for its client Yahoo!. The Court dismissed Plaintiff Sams’ class action alleging claims under the Electronic Communications Privacy Act (ECPA), the Stored Communications Act (SCA), California’s unfair competition laws, breach of contract, and breach of the duty of good faith and fair dealing, after finding that Yahoo! was entitled to immunity under Section 2703(e) of ECPA. In doing so, the Court established that an Internet Service Provider (ISP) is entitled to immunity under the statute when producing user account information in response to subpoenas issued by a Court in which they are subject to personal jurisdiction, even if the documents are produced from a foreign jurisdiction.
Read more on Law Across the Wire and Into the Cloud.