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Second, the decision suggests that privacy settings matter. First, the holding explains that the SCA's protections reach at least some of the content hosted on social networking sites and that such content will be precluded from discovery from those sites. The district court's decision offered answers to two key questions. A federal magistrate declined to quash certain of the defendants' subpoenas, rejecting among other arguments that the information they sought was protected by the SCA. The defendants sought information from MySpace and Facebook, including Crispin's subscriber information and all communications by Crispin referring to any of the defendants.
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and its sublicensees, used his artwork in violation of their oral agreement. The plaintiff, an artist named Buckley Crispin, claimed that the defendants, Christian Audigier Inc. The decision appears to be the first to apply the Stored Communications Act (SCA), enacted in 1986, to content on today's social networking sites.
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district court's decision partially reversed and partially vacated a magistrate judge's order declining to quash subpoenas for certain materials held by a third party in a copyright infringement case. The decision also appears to offer the first in-depth analysis on the effect of "privacy settings" found on many social networking sites and whether information is protected from discovery by federal privacy laws. The ruling could permanently change the way "social networking" sites are viewed by businesses and those involved in litigation. On May 26, a federal court issued an opinion in a discovery dispute that applies outmoded federal electronic privacy laws from the 1980s to Facebook and MySpace.