United States Fourth Circuit

In an appeal of a civil contempt order and sanctions against the owner of an email service provider that refused to comply with orders to turn over to the FBI its email encryption keys, obtained under the Pen/Trap Statute, 18 U.S.C. sections 3123-27, and the Stored Communications Act, 18 U.S.C. sections 2701-12, the orders are affirmed where in view of the email service provider's waiver of its appellate arguments by failing to raise them in the district court, and its failure to raise the issue of fundamental or plain error review, there is no cognizable basis upon which to challenge the Pen/Trap Order.

Appellate Information

• Decided 04/16/2014
• Published 04/16/2014

Judges

• Agee

Court

• United States Fourth Circuit

Counsel