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Facebook says two appellate courts have already determined SCA protects private user posts during criminal discovery

( May 8, 2020, 22:31 GMT | Official Statement) -- MLex Summary: Facebook filed a brief with the California Supreme Court arguing that two appellate courts have issued decisions supporting its arguments that it is barred from disclosing non-public user posts in a criminal proceeding. It says that DC Circuit Court of Appeals has determined that the SCA rationally requires that criminal defendants direct subpoenas to message senders and recipients. Additionally, similar to the defendant in Facebook, Inc. v. Superior Court (Hunter III), Lance Touchstone has failed to show that it would be futile to subpoena senders and recipients, and he improperly relies on speculation that a subpoena recipient would invoke the Fifth Amendment to avoid production....

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