Hubbard v. MYSPACE, INC.
2011 U.S. Dist. LEXIS 58249
S.D.N.Y.2011Background
- Hubbard was arrested in Georgia for contributing to the delinquency of a minor and enticing a child for indecent purposes.
- Georgia authorities obtained a search warrant directed to MySpace’s custodian of records in California seeking account information and contents of messages tied to a specific Friend ID.
- MySpace produced the requested records in response to the warrant.
- The amended complaint alleges MySpace violated the Stored Communications Act (SCA) by disclosing this information.
- Hubbard pled guilty and is serving a 10–20 year state prison sentence.
- The suit seeks damages on behalf of Hubbard and others whose MySpace information was disclosed under the warrant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Georgia warrant qualifies as an 'equivalent State warrant' under §2703(a). | Hubbard contends the Georgia magistrate lacked jurisdiction to issue a warrant for Syracuse-like felony investigations. | MySpace contends the Georgia warrant is valid as an equivalent State warrant because it was issued to obtain stored communications. | The warrant qualifies as an equivalent State warrant. |
| Whether the issuing magistrate’s territorial authority invalidates the warrant under §2703(a). | Georgia magistrate exceeded territorial limits by targeting records in California. | Extraterritorial warrants are permissible under §2703(a) to address cross-jurisdictional internet data. | Extraterritorial warrants permissible; territorial limits do not defeat validity. |
| Whether production under the warrant falls within the statutory 'in accordance with the terms of a warrant' requirement of §2703(e). | Disclosures under a noncompliant or insufficient warrant violate §2703(e). | Production pursuant to a court order/warrant within the ECPA framework is protected. | Amended complaint dismissed; §2703(e) immunity not applicable to sustain claims. |
Key Cases Cited
- United States v. Berkos, 543 F.3d 392 (7th Cir. 2008) (extraterritorial warrants under §2703(a) permissible)
- Warshak v. United States, 490 F.3d 455 (6th Cir. 2007) (privacy expectations in stored communications under ECPA)
- State v. Lejeune, 277 Ga. 749 (Ga. 2004) (state magistrates' authority to issue warrants within territorial limits; warrants can extend beyond district under ECPA)