Crying Wolf in the Digital Age : Voluntary Disclosure under the Stored Communications Act

The Stored Communications Act (SCA) restricts the ability of electronic service providers to disclose customer communications and records voluntarily. It also limits the government's ability to compel such information. The SCA fails, however, to distinguish between compelled and voluntary disclosures. A narrow conception of compelled disclosure would permit government officials to make informal requests for information, undermining the SCA's procedural safeguards and preventing judicial oversight. Additionally, the SCA authorizes voluntary disclosure if a provider has a good faith belief in the existence of an emergency. Coupled with a limited conception of compelled disclosure, this emergency exception threatens to swallow any meaningful restrictions on the government's ability to obtain customer information. This Note argues that courts should incorporate existing Fourth Amendment law to strengthen the SCA's voluntary/compelled distinction. Further, Congress should authorize law enforcement officers to quickly compel disclosures if they certify that an emergency exists. Finally, the legality of emergency disclosures should turn on whether the government has acted reasonably, rather than on a provider's subjective belief