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Cyber Security - the Laws that Govern Incident Response - page 23 / 38

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A public provider must look to statutory exceptions before disclosing a user’s content or non-content to government

Public provider may voluntarily disclose the content of communications when:

Consent to do so exists (e.g., via banner or TOS)

Necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service

Contents inadvertently obtained & pertain to commission of a crime (to law enforcement)

Provider has “good faith” belief that an emergency involving immediate danger of death or serious physical injury requires disclosure (to governmental entity)

3f.Disclosing Stored Communications and Documents

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