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Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - November 2017

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the formal withdrawal of the United States from the EITI; the...more

EU Digital Single Market Update – Online Platforms and Illegal Content

by Morrison & Foerster LLP on

As part of its Digital Single Market strategy, the European Commission has identified the issue of combatting illegal content online as a key challenge for online platforms. It has now released guidance to online platforms...more

China’s Cyberspace Administration announces first state level investigations under Cybersecurity Law

by Dechert LLP on

China’s Cyberspace Administration announced that it has commenced investigations into Tencent Wechat, Sina Weibo and Baidu Tieba for violation of China’s Cybersecurity Law late last week (11 August 2017). More particularly,...more

Another Rematch Between Tech Companies and the Government over the Territorial Reach of the Stored Communications Act

Lawyers for the tech community are gearing up for argument next month in the U.S. District Court in San Francisco, seeking to overturn another magistrate’s order that requires digital information stored outside of the U.S. to...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

Two former senior executives of Magyar Telecom, controlled by Deutsche Telekom AG, resolved long running FCPA charges with the Commission. The charges stem from the 2011 settlements of the company with the SEC and DOJ tied to...more

Trademark Owners Beware of Chinese Domain Name Marketing Ploy

by Jaburg Wilk on

Some e-mail marketing ploys are pretty clever and some spam or phishing attempts brilliantly disguised as valid e-mail. While there are many great reasons to register your trademark with the United States Patent & Trademark...more

Lessons from the Historic ZTE Enforcement Action

by Bass, Berry & Sims PLC on

On March 7, 2017, Chinese telecommunications company, Zhongxing Telecommunications Equipment Corp. (ZTE), signed on to three separate settlement agreements with the United States, agreeing to pay $892 million for violations...more

Digital Divide Deepens: Tech Community Backs Second Circuit in Clash with Magistrates over Reach of U.S. Warrants

The technology community took aim at a recent federal magistrate’s ruling that ordered Google Inc. to comply with search warrants seeking customer emails stored on servers abroad, calling the decision “an impermissible...more

ZTE Is Assessed $1.19 Billion in Penalties for Criminal and Civil Violations of Export Control and Economic Sanctions Laws and...

On March 7, 2017, the U.S. government announced that China's Zhongxing Telecommunications Equipment Corporation and its affiliate, ZTE Kangxun Telecommunications Ltd. (collectively "ZTE"), have agreed to a global settlement...more

US Magistrate Judge Upholds Search Warrants for Google Data Stored Overseas, “Shards” and All

by Latham & Watkins LLP on

Another front recently emerged in the legal battle over whether US law enforcement authorities can use a search warrant issued under the Stored Communications Act (SCA) to obtain data stored overseas. Until now, the battle...more

Litigation Alert: Pennsylvania Court Holds Google Must Produce Emails Stored Overseas

by Fenwick & West LLP on

Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants to turn over users’...more

Investigatory Powers Act 2016 becomes law

by White & Case LLP on

The UK Investigatory Powers Bill has received royal assent and passed into law as the Investigatory Powers Act 2016. The Act will have a significant and far reaching impact on data, technology and communications businesses,...more

Second Circuit Eases Tension Between U.S. Discovery Requirements and EU Privacy Laws

by Dorsey & Whitney LLP on

Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In re Warrant to Search a Certain E-mail Account Controlled &...more

When It Absolutely, Positively Has to Be Indicted Overnight: How to Prevent Future Debacles Like the FedEx Prosecution

by Pepper Hamilton LLP on

Against the backdrop of years of unprecedented monetary penalties imposed through DOJ civil settlements and deferred prosecution agreements with financial institutions embroiled in the 2008 financial meltdown, the DOJ came...more

Second Circuit Eases Tension Between U.S. Discovery Requirements and EU Privacy Laws

by Dorsey & Whitney LLP on

Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In re Warrant to Search a Certain E-mail Account Controlled &...more

You’ve Got (Foreign) Mail: Can Law Enforcement Get to it?

Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United...more

The Stored Communications Act’s Warrant Provisions Do Not Apply Extraterritorially

by Reed Smith on

On July 14, the Second Circuit in Microsoft v. United States ruled that the Stored Communications Act (SCA) “does not authorize a U.S. court to issue and enforce an SCA warrant against a United States-based service provider...more

Court: Stored Communications Act Warrant Cannot Be Used to Seize Data Held Overseas

by Ballard Spahr LLP on

In a case that may have significant impact for companies providing public Internet and cloud services, the Second Circuit has ruled that a federal court may not issue a criminal warrant ordering a U.S. company to produce...more

“Run for the Hills” Validated by the Second Circuit: Warrants for Electronic Communications Cannot Apply Across International...

by Bryan Cave on

In the lore of the Wild West, when an outlaw needed to escape the hangman’s noose, he made a run for the border, hoping to cross the border before the sheriff could catch him. Today, with the Wild West of the Internet, where...more

Hyper-Transparency and Corporate Anti-Corruption

In part one of a two-part interview, Alison Taylor, Director of advisory services at BSR, a non-profit consultancy and company network focused on sustainability and CSR, and James Cohen, an expert on anti-corruption,...more

Cybersecurity News and Notes – June 2016

In Case You Missed It: US and EU officials signed on to the so-called “Privacy Umbrella” deal last week. The agreement is designed to protect the personal data of EU citizens when it is transferred to the US for law...more

How can we use technology to secure & enable a speak-up culture?

The following is an interview with Sylvain Mansotte, Co-Founder & CEO, Whispli. RB: Sylvain, thanks for this interview. Perhaps you can tell us a little about your background? SM: Thank you, Richard. I am originally...more

VimpelCom's Global FCPA Settlement - A Multinational Resolution

by Bracewell LLP on

The U.S. Department of Justice (DOJ), the U.S. Securities and Exchange Commission (SEC) and the Public Prosecution Service of the Netherlands (OM) announced a coordinated criminal and civil Foreign Corrupt Practices Act...more

VimpelCom Ltd. Agrees to Pay $795M and Accept a Three-Year Corporate Monitor to Resolve Massive Bribery Scheme in Uzbekistan

by Ropes & Gray LLP on

On February 18, 2016, Amsterdam-based VimpelCom Ltd., the world’s sixth-largest telecommunications company, and its wholly owned Uzbek subsidiary, Unitel LLC, entered into agreements with the U.S. Department of Justice...more

UK and EU Law Enforcement Investigatory and Data Sharing Powers: Developments and International Impact

by White & Case LLP on

Proposed UK legislation governing UK law enforcement investigatory powers (together with differences in approach by the UK and rest of Europe to law enforcement access to personal data) will have a deep and far reaching...more

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