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Warshak, has called the legitimacy of the third-party doctrine and the Stored Communications Act into question, at least regarding the contents of e-mails and other digital communications (but not metadata or other noncontent information).
First, it is based on a 1980s conception of technology and does not sufficiently guard against government requests for both content and noncontent data in the modern context.
section] 2703(c) (regulating compelled disclosure of noncontent information).
Bellia, supra note 10, at 1428-30 (arguing that electronic noncontent information such as website addresses can also include content); Kerr, supra note 2, at 1229-31, 1235 (questioning the value of the ECS/RCS distinction, and recommending an amendment to eliminate it).
Deliberative autonomy also makes an appearance in the central distinction between content and noncontent regulation.
Moreover, it is not clear why recognizing that there is a deeper problem with content regulation than with noncontent regulation entails such little protection for the latter--especially in light of the difficulty in ascertaining the substantiality of government purpose.
However, SWECTRA's provisions become powerful allies when attempting to obtain a person's noncontent account information.
Recent provisions in the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) also have made more noncontent information readily available to law enforcement agencies.
and other noncontent information relating to communications subject to
outsourced the difficult task of isolating noncontent information.
these greetings content or are they noncontent information like
how one might draw the divide between content and noncontent aspects of