OPINION
On July 24; 2015, Plaintiff PPG Industries, Inc. (“PPG”) filed the instant action against Defendants Jiangsu Tie Mao Glass Co., Ltd., Benhua Wu and Mei Zhang. In connection with the case, PPG issued subpoenas to third parties Microsoft Corporation (“Microsoft”), Google, Inc. (“Google”) and Yahoo! Inc. (“Yahoo”). ECF Nos. 63-1, 63-6, 63-12. Pending before the Court are PPG’s Motions to Compel Microsoft, Google and Yahoo to Produce Responsive Documents Pursuant to their Subpoenas. ECF Ños. 63-2, 63-7, 63-13. For the reasons that follow, PPG’s Motions are DENIED.
I. BACKGROUND
On May 8, 2015, one of PPG’s former employees, Thomas Rukavina was arrested and charged with theft of trade secrets. ECF No. 63-2 at 8. In early June 2015,
II. DISCUSSION
The resolution of this case begins and ends with the Stored Communications Act (“SCA”), which generally provides that “a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service.” 18 U.S.C. § 2702(a)(1). However, under the SCA a provider “may divulge the contents of a communication” in certain circumstances, including when it has “the lawful consent of the originator or an addressee or intended recipient of such communication.” § 2702(b)(3).
In this case, PPG argues that Microsoft, Google and Yahoo are required to provide the requested e-mails because PPG has served subpoenas for them and because Robert Rukavina, the executor of Thomas Rukavina’s estate, has consented to their production, so (says PPG) the SCA’s exception for the “lawful consent of the originator,” § 2702(b)(3), applies. As part of its argument, PPG asserts that under Pennsylvania law an executor has the authority to handle a decedent’s digital assets, including his electronic communications, as if she were the decedent. See, e.g., ECF No. 63-2 at 12-13. Whether or not PPG’s contention about this point of Pennsylvania law is correct, however, is irrelevant to untangling the current issue before the Court. Instead, the Court concludes by examining the language of the SCA itself that production should not be compelled.
First, it is plain that the SCA does not provide an exception to its general prohibition on disclosure for civil subpoenas. Not only is such an exception not enumerated in the statute,' see §§ 2702-703, but' there is a seemingly settled body of decisional law that affirmatively states that civil subpoenas provide no such exception. See, e.g., Hawaii Reg’l Council of Carpenters v. Yoshimura, No. CV 16-00198 ACK-KSC,
Second, even when one of the exceptions to prohibited disclosures delineated in § 2702(b) applies, the SCA nonetheless does not require providers to disclose communications. To begin, § 2702(b) specifically states that providers “may” divulge communications if an exception applies; it does not state that they “must” do so. See § 2702(b) (emphasis added). “The word ‘may,’ when used in a statute, usually implies some degree of discretion.” United States v. Rodgers,
Although the Court’s resolution of the pending Motions ends there, the Court would make a few final observations in order. to address matters raised by the parties. First, PPG could still gain access to the emails in Thomas Rukavina’s Microsoft account should it choose to pursue them. Microsoft stipulated .at argument and in its papers that if the Pennsylvania court with jurisdiction over Thomas-Ruka-vina’s estate concludes that Robert- Ruka-vina’s consent. is “lawful consent”-, under § 2702(b)(3), Microsoft will voluntarily divulge the emails PPG seeks. ECF No. 63-3 at 6. This Order does not foreclose that avenue.
Second, PPG could also potentially obtain the emails in Thomas Rukavina’s Yahoo and Google accounts by identifying the individual(s) who have been accessing the accounts since Thomas Rukavina’s death. Both Yahoo and Google assert that Thomas Rukavina’s accounts have been accessed on numerous occasions since his death and note that PPG could uncover the identity of the individual(s) accessing the accounts by issuing subpoenas for non-content information (like IP addresses) to the appropriate parties. ECF No. 73 at 2-3; ECF No. 63-9 at 12; ECF No. 70 at 1. Once the identity of the individual(s) was uncovered, PPG could then ask the individual(s) for access to the emails.
III. CONCLUSION
PPG’s Motions to Compel Microsoft, Google and Yahoo to Produce Responsive Documents Pursuant to their Subpoenas are DENIED.
An appropriate Order will issue.
Notes
. This Opinion and Order also resolve PPG’s Motion to Compel as to Microsoft pending at 16-mc-817, ECF No. 1.
. PPG initially filed its Motions to Compel in the Western District of Washington and the Northern District of California. Both such Districts then transferred the Motions to this Court. ECF No. 75 at 3.
. In light of the developing nature of both the legal principles, involved here, and the technology to which they relate, the Court finds no basis to assess sanctions against PPG, as Google requests. ECF No. 63-9 at 19-20.