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SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more
We’ve written several times about the landmark dispute between the U.S. government and Microsoft Corp. over access to a customer’s emails stored in Ireland. Now, a month after the U.S. Supreme Court heard oral argument on the...more
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
On October 16, 2017, the Supreme Court agreed to review the Second Circuit’s decision in United States v. Microsoft Corp., a case that highlights the current tension between law enforcement needs and privacy concerns in a...more
Last Monday, the Supreme Court granted certiorari in the Microsoft search warrant case, a case in which Microsoft challenged the U.S. government’s right to use the warrant process to obtain certain emails stored overseas. ...more
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
The Supreme Court is poised to finally answer the question that’s been plaguing federal courts across the country: must U.S. tech companies comply with warrants issued under the Stored Communications Act (“SCA”) that demand...more
The ongoing dispute between the government and Google concerning the company’s refusal to hand over customer data stored on foreign servers has taken an odd twist. Now, the Justice Department is demanding that Google be...more
The U.S. Supreme Court recently indicated that it will consider the federal government’s petition for a writ of certiorari in United States v. Microsoft Corp. at its conference scheduled for October 6, 2017. United States v....more
As technology progresses and the world becomes even more interconnected, the scope of the Stored Communications Act (“SCA” or “Act”) has become a topic of much interest in the federal courts. One question courts have grappled...more
Last summer, in a closely watched decision, the United States Court of Appeals for the Second Circuit quashed a warrant issued to Microsoft seeking a customer’s electronic communications that the company had elected to store...more
On January 24, 2017, the U.S. Court of Appeals for the Second Circuit denied the Department of Justice’s request for an en banc rehearing in In the Matter of a Warrant to Search a Certain Email Account Controlled and...more
In July 2016, the Second Circuit ruled that the Government could not employ a domestic search warrant, issued pursuant to the Stored Communications Act, 18 U.S.C. § 2703 (the “SCA”), to compel disclosure of an email account...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 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
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
On July 14. 2016, the Second Circuit ruled that the government cannot lawfully use a search warrant to compel access to consumer data stored by Microsoft Corporation (Microsoft) overseas. In its decision, the court overturned...more
The landmark ruling is the first by a federal court of appeals to address the extraterritoriality of the Stored Communications Act. Microsoft and other US-based internet service providers won a major victory on July 14...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
Microsoft Corporation’s (Microsoft U.S.) reply brief is due this week in its appeal of The District Court for the Southern District of New York’s order to comply with the U.S. government’s warrant requiring the turnover of a...more