This week, LGBT Tech, with McDermott Will & Emery serving as legal counsel, filed an amicus brief with the California Supreme Court requesting review of the Court of Appeal's decision in the case of Snap, Inc. v. The Superior Court of San Diego County (2024).
Technology plays a vital role in LGBTQ+ communities. Research consistently demonstrates that LGBTQ+ individuals utilize social media at significantly higher rates than the general population. The Stored Communications Act (SCA) is a cornerstone of a legislative and technological framework that safeguards the privacy of individuals' online communications. By restricting the disclosure of stored communications without a warrant or court order, the SCA allows for legitimate access to data while protecting individuals from unwarranted intrusions. The California Supreme Court should recognize the critical role the SCA plays in protecting the privacy of all internet users and carefully consider the disproportionate impact that weakening the SCA would have on marginalized communities.
California has a long history of championing LGBTQ+ rights, from legalizing same-sex marriage to enacting comprehensive anti-discrimination protections based on sexual orientation and gender identity. As a leader in LGBTQ+ rights, the California Supreme Court has a responsibility to uphold online privacy protections for all individuals, recognizing that LGBTQ+ individuals may face heightened risks and vulnerabilities when their private data is exposed absent the safeguards traditionally imposed by the SCA.
In filing this amicus brief, LGBT Tech was joined by Bay Area Lawyers for Individual Freedom (BALIF), Hacking the Workforce, the National Queer Asian Pacific Islander Alliance (NQAPIA), the Trevor Project, and Advocates for Trans Equality (A4TE).
Read Full Amicus Letter Here: