In In re Subpoena Duces Tecum to AOL, LLC, 550 F. Supp.2d 606 (E.D. Va. 2008), the District Court affirmed a Magistrate Judge’s ruling that the Electronic Communications Privacy Act, 18 U.S.C. § 2701, et seq. (the “Privacy Act”) prohibits an Internet Service Provider (“ISP”) from producing the emails of a non-party witness. The Court held that “unauthorized private parties” and governmental entities cannot use Rule 45 civil discovery subpoenas to circumvent the protections afforded by the Privacy Act.
