The government had an argument to defend this position, the so-called "third-party doctrine." Once the target of surveillance had voluntarily revealed information to someone else, the idea went, it was no longer quite so private and so could be obtained from that third party with a mere subpoena, which didn't require the high "probable cause" standard of evidence. This doctrine explained why remotely stored e-mail was so easy to access under the SCA, despite the fact that no one "reveals" the contents of their e-mail to their e-mail provider in the same way they might show a letter to a friend. Not surprisingly, the third party doctrine has been roundly criticized.
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Amr Raheem is an andrology specialist (meaning his focus is on medicine relating to men) at University College London Hospitals, as well as a surgeon at International Andrology, a private clinic in the capital. Over the past 15 years, he has carried out more than 250 enlargements. “There is no typical patient,” Raheem says. “All professions, all ethnicities, married, single, gay, straight, rich, poor. It’s across the board. And all ages. I’ve worked on men in their 60s – I don’t know if they go out and use it afterwards. Early 20s, I won’t do. These are still boys. They must get to know it before they change it.”
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Data stored on remote Internet servers made this process much easier. No longer did agents need to raid someone's home or obtain a wiretap order; they could peek at the e-mail evidence first before going to those greater lengths. A whole host of such e-mail orders targeted at Google's Gmail, for instance, could be executed at once — and executed cheaply.
The Stored Communications Act (SCA) covers situations like this one in which user data is held by a third-party service like NuVox or Google or Yahoo and is stored on that company's servers, and it makes that data fairly simple to get. Full warrants are often not required, in part because such surveillance is "retrospective;" the government gets access only to messages already stored on the server by a suspect. Even the name of the act makes this distinction clear—it was meant to cover "stored" material.
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