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No reasonable expectation of privacy in IP addresses and browser history discoverable by subpoena

By John Wesley Hall, Jr.

There is no reasonable expectation of privacy in IP addresses and browser history discoverable by subpoena to an ISP. Also, the Stored Communications Act does not provide suppression as a remedy. United States v. Li, 2008 U.S. Dist. LEXIS 22283 (S.D. Cal. March 20, 2008): In United States v. Smith, 155 F.3d 1051 (9th Cir. 1998), the Ninth Circuit concluded that, in light of the express remedies provided for by the SCA, see 18 U.S.C. §§ 2701 (criminal penalties), 2707 (civil damages), and the SCA's exclusivity of remedies provision, see id. § 2708, the SCA "expressly rules out exclusion as a remedy." Smith, 155 F.3d at 1056 ("If the voicemail message at issue is subject to the strictures of the Stored Communications Act, then suppression is not an available remedy...continue to full post

Full post as published by Fourth Amendment on March 23, 2008 (boomark / email).