In re Cl Host, Inc.

In this mandamus proceeding, the plaintiffs seek production of a copy of certain computer backup tapes belonging to defendant Cl Host, Inc. The trial court ordered Cl Host to produce the tapes over Cl Host’s objection that section 2702 of the federal Electronic Communications Privacy Act (ECPA), 18 U.S.C. §§ 2510-2522, 2701-2711, 3121-3127, protects the information stored on the tapes in its entirety. Because Cl Host failed to produce evidence in the trial court that only the type of information protected from disclosure by section 2702 exists on the backup tapes, it failed to support its…