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The Fourth Circuit Court of Appeals reversed a Virginia federal court’s dismissal of a challenge to an arbitration award. The underlying dispute arose out of a lawsuit filed by Alvin Moore against his email service provider,...more
On July 13, 2018, over 50 civil liberties groups, technology companies, and associations submitted a joint letter to Congress in support of the Email Privacy Act (EPA), which was recently included in the House-passed version...more
A growing number of employers monitor and review their employees’ electronic communications, including telephone calls, emails and internet use, while at work or working away from the office. They cite a number of legitimate...more
By voice vote on February 6, the US House of Representatives passed the Email Privacy Act that would, among other things, require the federal government to obtain a warrant before compelling service providers to hand over...more
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
In a case closely watched by privacy advocates, on July 14, the Second Circuit Court of Appeals held that the Stored Communications Act (“SCA”) does not authorize U.S. law enforcement authorities to order U.S.-based companies...more
On April 29, 2016, in a 419-0 vote, the U.S. House of Representatives passed a bill to amend the 30-year-old Electronic Communications Privacy Act of 1986 (ECPA) to eliminate an exception to the government warrant requirement...more
Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of...more
Four students attending the University of California, Berkeley, sued Google last week alleging that it violated the Electronic Communications Privacy Act by scanning and mining their emails in order to create advertising...more
Last Thursday, Governor Jerry Brown signed the California Electronic Communications Privacy Act (CalECPA) into law, which requires law enforcement to obtain a warrant before accessing or searching individuals’ digital...more
On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more
Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more
The Second Circuit’s challenge in considering the validity of a U.S. Stored Communications Act warrant to Microsoft for e-mails located on servers in Ireland involves interpreting the SCA, which was enacted nearly three...more
The U.S. Senate Committee on the Judiciary held a hearing to discuss reforms to the Electronic Communications Privacy Act (“ECPA”) proposed in Senate bill S. 356, The Electronic Communications Privacy Act Amendments Act of...more
Jacqui Merrill, an Associate at The Volkov Law Group, joins us with a posting on the SEC’s request for increased access to emails. In a Senate Judiciary Committee meeting held on September 16, 2015, Securities and...more
Check out this story. In it, we learn this: "Andrew Ceresney, director of the Division of Enforcement at the Securities and Exchange Commission, [told] the Senate’s Committee on the Judiciary at a hearing on Wednesday...more
Under the Electronic Communications Privacy Act of 1986 (“ECPA”), the government can gain access to emails and other electronic communications that are more than 180 days old. This has been termed the “180-day rule,” whereby...more
Chief Judge Loretta A. Preska of the U.S. District Court for the Southern District of New York affirmed Magistrate Judge James C. Francis IV’s opinion and ordered that the U.S. Department of Justice (DOJ) could compel...more
A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more