News & Analysis as of

CLOUD Act Stored Communications Act

Wiley Rein LLP

The CLOUD Act Data Access Agreement – 10 Things That U.S. Telecommunications Companies Need to Know Now

Wiley Rein LLP on

Most of the world’s popular telecommunications services, like social media platforms and message services, operate within the United States, but many operate overseas as well. Law enforcement in the United States and...more

Bond Schoeneck & King PLLC

The CLOUD Act: Where International Data Privacy and Law Enforcement Collide

The Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), a United States federal law, will be celebrating its two-year anniversary on March 23, 2020. It was effectively, and primarily, an amendment to the Stored...more

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

Patterson Belknap Webb & Tyler LLP

After a Year on the Books, DOJ Releases White Paper on CLOUD Act

In its first official statement about the CLOUD Act – the Clarifying Lawful Overseas Use of Data Act – the U.S. Department of Justice has published a white paper, “Promoting Public Safety, Privacy and the Rule of Law Around...more

Kramer Levin Naftalis & Frankel LLP

Cybersecurity Update: 2018 — A Year in Review

This Update highlights key legal and policy developments in cybersecurity and privacy law that may impact important trends for 2019 and beyond. A central takeaway from 2018 is that regulators in the U.S. and abroad are...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

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

BakerHostetler

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

BakerHostetler on

The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Gives Google Reprieve to Resolve Overseas Warrant Dispute

A federal appeals court is giving Google and the Justice Department more time to work out their differences in a standoff over whether the tech giant must hand over customer emails stored outside of the United States....more

Kilpatrick

US v. Microsoft Litigation Update: Supreme Court Dismisses Case as Moot After Congress Amends Stored Communications Act

Kilpatrick on

In January, I wrote a blog about the landmark case of United States v. Microsoft Corp. pending before the United States Supreme Court. You can read that blog here. The issue before the Court was whether a United States-based...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

Cozen O'Connor

CLOUD Act Guts Long-Awaited Microsoft Decision

Cozen O'Connor on

Recent Congressional legislation provided a procedure for U.S. law enforcement to obtain foreign-located communications data from U.S. service providers, ending a long-running dispute concerning the extraterritorial reach of...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

Jackson Lewis P.C.

The U.S. Supreme Court Dismisses U.S. V. Microsoft Following Passage Of The CLOUD Act

Jackson Lewis P.C. on

On April 17th, the U.S. Supreme Court dismissed the highly anticipated U.S. v. Microsoft, ruling that recently enacted legislation rendered the case moot. Microsoft Corp. had been in litigation with the U.S. Department of...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

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

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