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Extraterritoriality Rules Stored Communications Act

Dechert LLP

Actual Impact of 2018 U.S. CLOUD Act Still Hazy

Dechert LLP on

Over a year following enactment of the U.S. “Clarifying Lawful Overseas Use of Data” or CLOUD Act, significant questions remain unanswered about the law and its potential impact on global investigations involving cloud stored...more

Hogan Lovells

Demystifying the U.S. CLOUD Act - Assessing the law’s compatibility with international norms and the GDPR

Hogan Lovells on

Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage...more

Foley & Lardner LLP

Privacy - Wherefore Art Thou? - The Third Circuit Denies 4th Amendment Right

Foley & Lardner LLP on

The Third Circuit Denies 4th Amendment Right - Let’s face it – over the last 20 years or so, we have come to embrace, celebrate, and depend completely on electronic communications. What is more, we keep reaching out to...more

Sheppard Mullin Richter & Hampton LLP

Foreign Companies: Does the U.S. Government Now Have Access to Your Overseas Data?

The United States government has a powerful new tool to gain access to data stored overseas – the CLOUD Act, which was enacted this spring. If you are a company based overseas, particularly if you use a cloud service provider...more

Dorsey & Whitney LLP

The Supreme Court - June 22, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued six decisions today: WesternGeco LLC v. ION Geophysical Corp., No. 16-1011: Petitioner WesternGeco LLC owns patents relating to a system for surveying the ocean floor. ...more

Foley & Lardner LLP

The CLOUD Act's Dramatic Impact on International Privacy Laws

Foley & Lardner LLP on

Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...more

Wilson Sonsini Goodrich & Rosati

Congress Enacts the CLOUD Act, Granting Law Enforcement Access to Information Stored Abroad, and Mooting U.S. v. Microsoft

On March 23, 2018, President Trump signed into law the Consolidated Appropriations Act, 2018, which contained a section entitled the Clarifying Lawful Overseas Use of Data (CLOUD) Act. The CLOUD Act significantly revises the...more

Holland & Hart LLP

The CLOUD Act: Where It Sheds Light and Where Shadows Remain

Holland & Hart LLP on

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) amends the Stored Communications Act (SCA) and moots the Supreme Court's consideration of a dispute between the U.S. government and Microsoft over whether Microsoft...more

Wilson Sonsini Goodrich & Rosati

Congress Reshapes Legal Requirements for International Access to Communications Information with the CLOUD Act

On April 17, 2018, at the request of both sides of United States v. Microsoft Corp., the U.S. Supreme Court remanded and dismissed one of the most closely watched privacy cases of the last several years just a few weeks after...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Rules Microsoft Case Moot as CLOUD Act Becomes Law

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) was recently signed into law as part of the omnibus appropriations bill. ...more

Foley & Lardner LLP

CLOUD Act dramatically changes international privacy laws (and eDiscovery)!

Foley & Lardner LLP on

Without any public hearings, review, or public comment Congress created the CLOUD Act which was signed into law as part of the $1.3 trillion government spending bill which changed the 1986 Stored Communications Act (SCA). The...more

A&O Shearman

The Supreme Court Dismisses As Moot Microsoft Case That Had Challenged The Government's Ability To Obtain Search Warrant For...

A&O Shearman on

On April 17, 2018, the Supreme Court dismissed United States v. Microsoft, No. 17-12, 548 U.S. ___ (2018) (per curiam), deciding that recently enacted federal legislation had mooted the legal dispute in the case. The appeal...more

Robinson+Cole Data Privacy + Security Insider

Supreme Court Orders Dismissal of Microsoft Case

As had been expected following the passage of the CLOUD Act by Congress last month, the U.S. Supreme Court remanded and ordered the dismissal of the pending United States v. Microsoft Corporation, Inc. case in a per curiam...more

Harris Beach PLLC

CLOUD Act Negates Need for Supreme Court Decision

Harris Beach PLLC on

In a February 27 MuniBlog posting we described a case pending before the United States Supreme Court on whether the provider of email services, Microsoft, must provide electronic communications stored outside the United...more

Patterson Belknap Webb & Tyler LLP

Microsoft Email Case Dismissed by Supreme Court

Yesterday, the long-running dispute between Microsoft Corp. and the U.S. government regarding data stored abroad was resolved by the United States Supreme Court. ...more

Dechert LLP

Forecasting the Impact of the New US CLOUD Act

Dechert LLP on

The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more

Orrick, Herrington & Sutcliffe LLP

The CLOUD Act, Explained

The Clarifying Lawful Overseas Use of Data ("CLOUD") Act was enacted into law on March 23, 2018. The Act provides that U.S. law-enforcement orders issued under the Stored Communications Act (SCA) may reach certain data...more

Robinson+Cole Health Law Diagnosis

Government and Microsoft In Agreement that Pending Case Mooted by CLOUD Act

On March 30, 2018, Solicitor General Noel J. Francisco filed a motion with the U.S. Supreme Court in United States v. Microsoft Corporation that seeks to vacate the judgment of the U.S. Court of Appeals for the Second Circuit...more

Robinson+Cole Data Privacy + Security Insider

Government and Microsoft In Agreement that Pending Case Mooted by CLOUD Act

On March 30, 2018 Solicitor General Noel J. Francisco filed a motion with the U.S. Supreme Court in United States v. Microsoft Corporation that seeks to vacate the judgment of the U.S. Court of Appeals for the Second Circuit...more

Patterson Belknap Webb & Tyler LLP

Microsoft Joins Government’s Request to Render Fight over Access to Data Stored Abroad Moot

Yesterday, we reported that the Department of Justice has asked the U.S. Supreme Court to remand its dispute with Microsoft Corp. concerning access to customer emails stored abroad to the U.S. Court of Appeals for the Second...more

Patterson Belknap Webb & Tyler LLP

Government Urges High Court to Moot Microsoft Email Case

We’ve written several times about the landmark dispute between the U.S. government and Microsoft Corp. over access to a customer’s emails stored in Ireland. Now, a month after the U.S. Supreme Court heard oral argument on the...more

Sunstein LLP

Law Enforcement in the Cloud; The U.S. Storms in and Europe Follows

Sunstein LLP on

In United States v. Microsoft Corporation, the question that made its way through the Southern District of New York, the Second Circuit Court of Appeals, and then to the Supreme Court is: Under what circumstances may federal...more

Jones Day

Congress Passes CLOUD Act to Facilitate Law Enforcement Access to Overseas Data

Jones Day on

The Situation: The U.S. Congress passed the CLOUD Act amending U.S. surveillance laws to facilitate law enforcement access to the contents of communications and other related data. The Result: U.S. law enforcement...more

Robinson+Cole Data Privacy + Security Insider

Congress Enacts CLOUD Act within Omnibus Spending Bill to Address Overseas Storage of Electronic Data, Potentially Mooting Supreme...

On March 23, 2018, the President signed into law the Consolidated Appropriations Act of 2018 (H.R. 1625), an omnibus spending bill that includes the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act)....more

Proskauer - New Media & Technology

Federal Omnibus Spending Bill Includes CLOUD Act – Outlines Obligations of Providers to Turn over Electronic Communications Stored...

In the flurry of deal-making that resulted in a 2,232-page funding bill released Wednesday, lawmakers negotiated the inclusion of “The Clarifying Lawful Overseas Use of Data Act” (often referred to as the “CLOUD Act”) (see...more

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