Facebook

Facebook v. S.C.

Good Law
227 Cal. Rptr. 3d 1·408 P.3d 406
Supreme Court of CaliforniaJanuary 17, 2018S245203California431 words

Opinion

Lead Opinion

The petition for review is granted. In connection with the briefs that the parties will file in this matter, the parties are directed to include and address the following: (1) If, on remand and in conjunction with continuing pretrial proceedings, the prosecution lists the victim as a witness who will testify at trial (see Pen. Code, §§ 1054.1, subd. (a) ; 1054.7) and if the materiality of the sought communications is shown, does the trial court have authority, pursuant to statutory and/or inherent power to control litigation before it and to insure fair proceedings, to order the victim witness (or any other listed witness), on pain of sanctions, to either (a) comply with a subpoena served on him or her, seeking disclosure of the sought communications subject to in camera review and any appropriate protective or limiting conditions, or (b) consent to disclosure by provider Facebook subject to in camera review and any appropriate protective or limiting conditions? (2) Would a court order under either (1)(a) or (1)(b) be valid under the Stored Communications Act, 18 U.S.C., section 2702 (b)(3) ? (3) Assuming orders described in (1) cannot properly be issued and enforced in…

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