Whether a criminal defendant has a constitutional right to subpoena service providers and force them to turn over the contents of their account holders' communications, notwithstanding the SCA's express prohibition on such disclosures; and whether a service provider can be held in contempt for refusing to violate the SCA in response to such a subpoena

QUESTION PRESENTED Under the Stored Communications Act (“SCA”), covered service providers “shall not knowingly divulge to any person or entity the contents” of their account holders’ communications, absent an applicable exception. 18 U.S.C. § 2702(a). The question presented is: Whether a criminal defendant has a constitutional right to subpoena service providers and force them to turn over the contents of their account holders’ communications, notwithstanding the SCA’s express prohibition on such disclosures; and whether a service provider can be held in contempt for refusing to violate the SCA in response to such a subpoena.