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Resolved Cynthia Tracy Law — Illegal Access to Email

Cynthia Tracy practices family law in Houston. I recently found this report about Cynthia Tracy trying to bully her way into Facebook & MySpace account by claiming if she did not get 'consent' to obtain password info, email, board posts, and everything she wanted, she'd get a court order and the defendant would need to pay for it.

However, the court found social networking sites are protected under federal law. In Crispin v. Augdigier 2010 WL 2293238 (C.D.Cal.) found that "Social networking sites function as “remote commu-nication service (RCS) providers, ” under Stored Communications Act (SCA), with respect to “wall” postings and comments posted on an account holder's web page, although the communications are stored for display purposes; both are accessible to a limited set of users selected by the account holder and are stored for the account holder on a page provided by the website, and the display function is a necessary part of providing a mechanism to retrieve the stored com-munications."

Cynthia Tracy making the bluff she can go to court and get a subpoena to bully the defendant into signing a consent form was a pure lie. This is unethical conduct which also violates federal law. Cynthia Tracy did not have a right to the protected conduct, therefore could not LIE and say she'd get a court order. Last, Google does not honor out of state court orders. Only federal and California court orders, as such by Cynthia Tracy alleging she'd have the court order the records was just another unethical lie.

Last, the court also stated that "Webmail and private messaging services provided on social networking and website hosting websites were not subject to subpoena duces tecum under the Stored Communications Act (SCA); such messages were not readily accessible to the general public, and therefore, were inherently private. 18 U.S.C.A. § 2703(e)." In short, do not trust this attorney for she is not well liked by the judges, and of all things --- she breaks federal law by trying to intimidate the opposing side to give up password info, thus get access to every schred of protected info.

See also, http://tracylawsucks.blogspot.com/2010/04/tracy-law-sucks-nicole-mateo.html to see how Cynthia Tracy billed a poor mom and then requested to withdraw from the case.