Under the Stored Communications Act as originally enacted, the level of legal process the government must use to compel records from a provider varies by the type of data sought. Which statement correctly describes how the statute tiers that process?
- AAll categories of stored records, including basic subscriber information and transactional logs, may be obtained with a grand jury subpoena alone because they are third-party business records.
- BEvery demand to a provider for stored data, regardless of the record type, requires a probable-cause search warrant issued by a neutral magistrate before disclosure.
- CBasic subscriber information may be obtained with a subpoena, other non-content transactional records require at least a court order on specific and articulable facts, and the most protected categories require a warrant. Correct
- DA pen register order is the uniform instrument for all stored records because it captures the addressing and routing details that the statute treats as the protected core.
Why A is wrong: Tempting because subscriber data is subpoena-reachable, but the statute does not collapse every category to a subpoena; transactional records and content demand higher process under the tiers.
Why B is wrong: Tempting because a warrant is the ceiling for the most protected data, but the SCA deliberately permits subpoenas and court orders for lower-sensitivity categories rather than a warrant for all.
Why C is correct: Correct: the SCA sets a graduated structure in which a subpoena reaches basic subscriber data, a 2703(d) order reaches other non-content records, and a probable-cause warrant reaches the most protected stored content.
Why D is wrong: Tempting because pen register authority sits nearby in the same chapter, but it governs prospective dialling data, not the tiered compulsion of stored records under the SCA.