3i. Overview: What stored communications records can be to disclose to the government (and how can this be compelled)?
(sites visited, etc.)
Subpoena (ECPA doesn’t apply)
Stored Content/Files and Read E-mail
Subpoena (with notice to the subscriber)
Content – Unread E-mail (>180 days)
Content - Unread E-mail (<= 180 days)
NOTE: The process indicated in each of the above cases is the simplest form of process that may be used (ex. where a subpoena is required, a court order, a process with more procedural protections, will also satisfy ECPA)