Some might have thought the fax was essentially dead, but law enforcement agencies continue to keep this dated technology alive by faxing subpoenas to communications providers for information. Few courts have addressed whether subpoenas faxed from law enforcement in one state to a provider in another state are valid, even though state laws typically provide that subpoenas are effective only within the state in which they were issued. In Sams v. Yahoo! Inc., the Ninth Circuit sidestepped the issue by holding that Yahoo! had relied in “good faith” on subpoenas faxed from out of state, and that this was a “complete defense” to liability under the Electronic Communications Privacy Act, even if the subpoenas were legally invalid. Sooner or later, more courts will address the merits of this question, and at least some will find that faxed, out-of-state subpoenas are indeed invalid. The question then will be whether providers who respond to such subpoenas can still successfully assert the “good faith” defense.