Background
Carsten Rosenow filed a pro se action against Facebook and Yahoo for violations of the Stored Communications Act and the Wiretap Act after both companies disclosed his communications to law enforcement. Those disclosures ultimately led to his convictions for attempted child sexual exploitation and possession of child sexual abuse material. He appealed the district court’s dismissal of his Second Amended Complaint without leave to amend.
The court’s reasoning
The panel unanimously concluded the case was suitable for decision without oral argument. The court reviewed the dismissal de novo. Regarding the Stored Communications Act, the disclosures were lawful under exceptions for reports to the National Center for Missing and Exploited Children, user consent via terms of service, and protection of the providers’ rights or property. Regarding the Wiretap Act, the court found the communications were stored, not intercepted during transmission, which is required for liability under that statute. Rosenow’s motion for reconsideration was denied as there was no abuse of discretion.
What it means going forward
Private technology providers may disclose user communications to law enforcement under specific statutory exceptions without liability under the Stored Communications Act or Wiretap Act when related to child exploitation reports.