Colone v. Superior Court of California, San Francisco County
Petition for certiorari denied on October 4, 2021
Issues: (1) Whether federal statutes must contain
express privilege language before courts
may decide that Congress intended the
statute to create an evidentiary privilege
that abrogates the legislated subpoena
and discovery rules, and impedes judicial
truth-seeking, as the U.S. Courts of Appeals for the 9th, 10th and
11th Circuits have ruled, or whether
courts may read ambiguous silence in
statutory text to impliedly create such a
privilege, as the U.S. Courts of Appeals for the District of Columbia,
3rd and 5th Circuits, and the lower
courts in this case, have ruled; and (2) whether the Stored Communications
Act yields to judicial process, as the 9th Circuit
has presumed, or whether the act impliedly creates a novel, unqualified evidentiary privilege for the Internet that
bars judicial subpoenas requested by
non-governmental litigants, as the U.S. Court of Appeals for the 2nd Circuit, the Ohio State Supreme
Court, the District of Columbia Court of
Appeals and the lower courts in this
case have ruled.