(EFF) Secrecy surrounds law enforcement’s communications surveillance practices like a dense fog. Particularly shrouded in secrecy are government demands issued under 18 U.S.C. § 2703 of the Stored Communications Act or “SCA” that seek subscriber information or other user records from communications service providers. When the government wants such data from a phone company or online service provider, it can obtain a court order under the SCA demanding the information from the provider, along with a gag order preventing the provider from disclosing the existence of the government’s demand. More often, companies are simply served with subpoenas issued directly by prosecutors without any court involvement; these demands, too, are rarely made public. (For more background on how the SCA works, see this section of EFF’s Surveillance Self-Defense manual.)

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