Negro

This original proceeding arises from efforts by real party in interest Navalimpianti USA, Inc. (Navalimpianti), to obtain copies of e-mail messages stored by real party in interest Google, Inc. (Google), on behalf of petitioner Matteo Negro. Navalimpianti caused a subpoena to be served on Google, which Negro moved to quash. Respondent court denied the motion, and ordered Google to produce the e-mails, based on its conclusion that Negro had consented, or was deemed to have consented, to their production. We hold that this order could not be sustained on the record before respondent court, and thus constituted an abuse of discretion when the order was made. Since then, however, Negro has been ordered by a Florida court to give his express consent to disclosure, and he has complied with that order by e-mailing Google and consenting to its production of the e-mails sought. We hold that this express consent takes the contemplated production outside of the Stored Communications Act, 18 United States Code section 2702 (SCA or Act), and permits Google to make the requested disclosure, notwithstanding claims by Negro to the contrary. We further hold that in light of Negro’s valid…