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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

Moore & Van Allen PLLC

The CLOUD Act – Congress Passes New Bill Which Will Impact Access To Cross-Border Data

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On Friday, March 23, 2018, Congress passed a 2,232 page omnibus spending bill. Included in the bill was a bipartisan act known as the “Clarifying Lawful Overseas Use of Data Act” or CLOUD Act, which will allow United States...more

Harris Beach PLLC

A Data Privacy Question that Borders on Reach

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Location, Location, Location. While it is often used to describe a key to selling real estate, the location of a server may be just as important. The United States Supreme Court heard arguments on February 27, 2018, on...more

Bracewell LLP

CLOUD Act Aims for Clear Skies: Bipartisan CLOUD Act Seeks to Clarify Law Enforcement Access to Overseas Data

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In October 2017, the Supreme Court granted the Department of Justice’s petition to review the Second Circuit’s decision that limits the reach of warrants issued under the Stored Communications Act (“SCA”). Specifically, the...more

Kilpatrick

US v. Microsoft Litigation Provides the Supreme Court with a Rare Opportunity to Further Clarify and Define the Role of Comity in...

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The United States Supreme Court recently granted certiorari in the landmark case of United States v. Microsoft Corp. This matter presents the Court with an opportunity to establish new precedent in the field of international...more

King & Spalding

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

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On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

Bradley Arant Boult Cummings LLP

Drawing the Line: Supreme Court Addresses Major Privacy Rights in Cell Phone Dispute

On Wednesday, November 29, 2017, the Supreme Court heard arguments in the appeal of Timothy Carpenter, a man convicted and sentenced to 116 years for his role in a series of armed robberies. In proving his guilt, prosecutors...more

Morrison & Foerster LLP - Social Media

SCOTUS to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

The U.S. Supreme Court on Oct. 16, 2017, announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology...more

Patterson Belknap Webb & Tyler LLP

Court Rejects DOJ’s Depiction of Google as “Willful and Contemptuous” Tactics in Ongoing Battle over SCA Search Warrant

A federal judge in California has agreed to hold Google in contempt for not following his order to turn over data stored overseas. The order is largely symbolic, however, since a contempt order is required for Google to...more

Robinson+Cole Data Privacy + Security Insider

Supreme Court to Hear Microsoft Emails Case

In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by...more

Jackson Lewis P.C.

Review Of Previously Opened Email May Violate SCA

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In the midst of a heated litigation commenced by an employer against its former employee for alleged violations of a non-compete agreement, an employee returned the cell phone she used during her employment. Prior to...more

Farella Braun + Martel LLP

Blurring The Line Between Foreign and Domestic: The Expansion of Search Warrant Powers Overseas

A dispute in California federal court over whether Google must turn over documents stored overseas in response to a search warrant may have major implications for white collar practitioners and their clients. Last week Google...more

Latham & Watkins LLP

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

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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

Fenwick & West LLP

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

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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

Ballard Spahr LLP

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

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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

A&O Shearman

In the Matter of Microsoft: Why It Matters

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On July 14, 2016, the Second Circuit released its decision in Microsoft Corp. v. United States, No. 14-2985, slip op. (2d Cir. July 14, 2016). The Second Circuit rejected the Government’s efforts to require Microsoft to turn...more

Latham & Watkins LLP

Are Changes in Store for the Stored Communications Act?

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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

Morgan Lewis

Reducing Your Company’s Exposure to Trade Secret Litigation when Key Employees Come and Go

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THE NIGHTMARE SCENARIO - Within the span of two weeks, Mr. Smith and Mr. Wilson, two top managers from your $2 billion corporation, resign. Both managers had complete, unfettered access to your corporation’s trade...more

Latham & Watkins LLP

Microsoft Stands Up in Court for European Privacy Rights?

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A Stored Communications Act (SCA) search warrant case arising out of a New York federal narcotics trafficking investigation is being closely watched by EU data protection authorities, privacy advocates, multinational...more

Mintz - Privacy & Cybersecurity Viewpoints

Microsoft Loses Round in Fight Over Email Held in Irish Data Center

Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails....more

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