In re Request for Order Requiring Facebook, Inc.
2012 U.S. Dist. LEXIS 134977
| N.D. Cal. | 2012Background
- Sahar Daftary died on December 20, 2008, after falling from a Manchester, England, building.
- A coroner's inquest was opened to determine circumstances and cause of death.
- Applicants Jawed Karim and Anisa Daftary are Sahar's surviving family members and sought records from Sahar's Facebook account.
- Applicants filed an ex parte application under 28 U.S.C. § 1782 for leave to subpoena Facebook records for Nov. 20–Dec. 11, 2008.
- Facebook moved to quash the subpoena under the Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq., and alternatively sought authority to obtain Sahar's consent to production.
- The court granted Facebook's motion to quash, concluding civil subpoenas cannot compel production of Facebook records under the SCA and that § 2702 does not authorize compelled production, only permissible consent; the court also found it lacked jurisdiction to rule on consent on Sahar's behalf as this would be advisory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether civil subpoenas may compel Facebook records under the SCA | Applicants rely on § 1782 and civil discovery to obtain records | Facebook argues SCA bars compelled production by providers | No; subpoenas cannot compel production under the SCA |
| Whether Sahar's consent could override the SCA bar on production | Consent on Sahar’s behalf would authorize production | Consent cannot require production per § 2702 | Consent cannot override the SCA bar; production cannot be compelled by consent |
Key Cases Cited
- Theofel v. Farey-Jones, 359 F.3d 1066 (9th Cir. 2004) (cited for general principles on privacy and subpoenas)
- In re Subpoena Duces Tecum to AOL, LLC, 550 F. Supp. 2d 606 (E.D. Va. 2008) (SCA disclosure limits to electronic communications; no civil-subpoena exception)
- Viacom Int’l Inc. v. YouTube, Inc., 253 F.R.D. 256 (S.D.N.Y. 2008) (SCA prohibits disclosure under civil discovery requests)
- Suzlon Energy Ltd. v. Microsoft Corp., 671 F.3d 726 (9th Cir. 2011) (rejects a civil-litigation exception to SCA restrictions)
- United States v. Rodgers, 461 U.S. 677 (1983) (statutory interpretation of 'may' as discretionary)