FourthAmendment.com points us to a ruling that because LinkedIn is neither a remote computing service (RCS) nor does it provide electronic communication services (ECS), it can’t be sued under the SCA for disclosing search histories to third parties. Low v. LinkedIn Corp., 2012 U.S. Dist. LEXIS 97012 (N.D. Cal. July 12, 2012).
Mali Friedman discusses the decision on Covington & Burling’s InsidePrivacy. Covington & Burling represented LinkedIn in the case.