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IN RE CI HOST, INC.

No. 00-1150.

92 S.W.3d 514 (2002)

In re CI HOST, INC., Creative Innovations, Inc., and Hosting Services International, Inc., Relators.

Supreme Court of Texas.

Decided November 21, 2002.

Attorney(s) appearing for the Case

John J. Harvey, Joseph W. Spence, Shannon Gracey Ratliff & Miller, Thomas F. Harkins, Jr., Mack Ed Swindle, Whitaker, Chalk, Swindle & Sawyer, L.L.P., Fort Worth, Carol A. Faulkner, Bedford, Stacy L. Keaton, Austin, for relators.

Michael P. McGartland, McGartland & Borchardt, L. Kent Clay, McDonald Clay Crow & McGartland, Timothy Michael Hoch, McDonald Hoch & Anderson, LLP, Fort Worth, Kathleen Wells, Austin, for respondents.

Justice HANKINSON delivered the opinion of the Court.

In this mandamus proceeding, the plaintiffs seek production of a copy of certain computer backup tapes belonging to defendant CI Host, Inc. The trial court ordered CI Host to produce the tapes over CI 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...

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