MySpace Says Come Back With a Warrant

The Electronic Communications Privacy Act forbids MySpace from handing over the names of sex offenders on its site to the attorneys general, unless someone comes up with a subpoena, the company says.

"We're truly disheartened that the AGs chose to send out a letter ... when there was an existing legal process that could have been followed," MySpace security officer Hemanshu Nigam told the AP.

Here's the relevant language in the statute.

A provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service … to any governmental entity.

There are six exceptions, none of which apply here. (Hat tip, law prof Orin Kerr).