News & Analysis as of

Electronically Stored Information Law Enforcement Criminal Investigations

Cimplifi

Going Mobile: Mobile Device Data in Criminal Investigations

Cimplifi on

While data from mobile devices is more frequently responsive in civil litigation than ever before, “true crime” aficionados know it’s routinely useful in criminal investigations. We take our devices with us and use them...more

Oberheiden P.C.

Received a Search Warrant? 10 Facts You Need to Know

Oberheiden P.C. on

Several federal agencies rely on search warrants to gather evidence in support of their law enforcement efforts. If you have received a search warrant from the Federal Bureau of Investigation (FBI), Drug Enforcement...more

White & Case LLP

Data Sharing Without Borders

White & Case LLP on

UK law enforcement can now obtain an order against a person in or operating in the US for the production of or access to electronic data under a new ‘landmark’ US-UK data sharing agreement. The agreement has been heralded...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

Eversheds Sutherland (US) LLP

The CLOUD Act - A cross-border data access agreement rises from the fog

On October 3, 2019, the United States and the United Kingdom entered into the world’s first ever agreement (the Agreement) under the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), the text of which has now become...more

Farella Braun + Martel LLP

Unreviewed Preservation Requests Likely to Continue

The Ninth Circuit recently heard an appeal that challenges a common tool of law enforcement: “f” letters. Under section 2703(f) of the Stored Communications Act, law enforcement may compel providers of “electronic...more

Snell & Wilmer

What Does the New Utah Electronic Data Privacy Law Do?

Snell & Wilmer on

Utah recently became the first state to enact a law specifically designed to protect private electronic information stored with third parties from collection by law enforcement without a valid warrant. Utah Governor Gary...more

Kelley Drye & Warren LLP

DOJ Releases CLOUD Act White Paper and FAQ

Earlier this month, the Department of Justice released a White Paper and FAQ on the Clarifying Lawful Overseas Use of Data (CLOUD) Act. Enacted in March 2018, the CLOUD Act attempts to resolve the legal conflicts that arise...more

Womble Bond Dickinson

New Utah Privacy Law Expands Warrant Requirement for Individuals’ Data Held by Electronic Communications Service Providers

Womble Bond Dickinson on

On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...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

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

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

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

Genova Burns LLC

New Jersey Courts Hands Victories to Open Government Records Advocates

Genova Burns LLC on

Over the past month, the New Jersey courts have handed down several rulings clarifying the scope of New Jersey’s Open Public Records Act, or OPRA. The rulings have resulted in several significant victories for advocates of...more

Proskauer - Minding Your Business

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

BCLP

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

BCLP 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

Latham & Watkins LLP

Are Changes in Store for the Stored Communications Act?

Latham & Watkins LLP on

Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide