News & Analysis as of

Invasion of Privacy Stored Communications Act

Proskauer - New Media & Technology

Plaid Federal Electronic Surveillance Claims Dropped, Privacy Claims Survive

On April 30, 2021 a California district court trimmed various federal privacy-related claims, including the Computer Fraud and Abuse Act (CFAA) claim, from a highly-visible, ongoing putative class action against fintech...more

Farella Braun + Martel LLP

A Roadmap to Litigating Privacy Claims? A Look at a Recent Order From the Google Assistant Privacy Litigation

As privacy-related litigation continues to heat up, Judge Beth Freeman (ND Cal.) recently laid out in In re Google Assistant Privacy Litigation (Case No. 19-cv-04286) a potential roadmap for surviving or winning a motion to...more

Zuckerman Spaeder LLP

You’ve Got My Mail: Court Rejects Challenge to Employer’s Computer Access

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Even employers who are devoted to higher callings can find themselves in worldly disputes with former employees over access to emails and computer files. For example, the National Institute for Newman Studies is devoted to...more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

Fisher Phillips on

Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Sheppard Mullin Richter & Hampton LLP

New York Federal Court Dismisses Nationwide Class Action Arising Out of Alleged Spying by E-Commerce Retailers

In a victory for online retailers, a New York federal court recently dismissed three putative class action lawsuits brought on behalf of website visitors whose mouse clicks, keystrokes, and electronic communications were...more

Patterson Belknap Webb & Tyler LLP

Government Urges High Court to Moot Microsoft Email Case

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

Patterson Belknap Webb & Tyler LLP

Google Puts Its SCA Warrant Appeal on Hold as High Court Prepares to Hear Microsoft Case

The fight over the privacy of electronic communications and the government’s ability to reach emails stored abroad in criminal investigations has finally moved to the U.S. Supreme Court. ...more

Hogan Lovells

U.S. Supreme Court Takes Microsoft Corp. v. United States in Law Enforcement Access Row

Hogan Lovells on

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

Patterson Belknap Webb & Tyler LLP

Justice Department Accuses Google of “Alarming” Tactics in Fight over SCA Search Warrant

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

Jaburg Wilk

Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

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Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? ...more

Patterson Belknap Webb & Tyler LLP

Judge Sides with Government over Google in the Latest Battle Rematch over the Territorial Reach of the SCA

Another federal judge has rejected the U.S. Court of Appeals for the Second Circuit’s interpretation of the Stored Communications Act (SCA), and has ordered Google to hand over customer email traffic—wherever located—to U.S....more

Patterson Belknap Webb & Tyler LLP

Another Rematch Between Tech Companies and the Government over the Territorial Reach of the Stored Communications Act

Lawyers for the tech community are gearing up for argument next month in the U.S. District Court in San Francisco, seeking to overturn another magistrate’s order that requires digital information stored outside of the U.S. 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

Patterson Belknap Webb & Tyler LLP

Digital Divide Deepens: Tech Community Backs Second Circuit in Clash with Magistrates over Reach of U.S. Warrants

The technology community took aim at a recent federal magistrate’s ruling that ordered Google Inc. to comply with search warrants seeking customer emails stored on servers abroad, calling the decision “an impermissible...more

Bracewell LLP

Tech Rally – Industry Giants Back Google's Play to Protect Data

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On March 10, 2017, Google Inc. filed its objection to a Pennsylvania magistrate judge's order to comply with search warrants and turn over personal user data partially stored on foreign servers abroad. A number of technology...more

Nossaman LLP

Google Ruling May Give Government an Opening to Broaden its Power Under Outdated Stored Communications Act

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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

Seyfarth Shaw LLP

Monitoring Employee Communications: A Brave New World

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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

JD Supra Perspectives

I Want My Selfie Back!!!

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If your selfie has fallen into the wrong hands, the following statutory acts and/or common law theories may provide some relief....more

BakerHostetler

Google is No Cookie Monster, says Delaware Federal Court

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In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

Ballard Spahr LLP

Non-Public Facebook Posts Protected by Stored Communications Act, N.J. District Court Holds

Ballard Spahr LLP on

In an opinion that joins an emerging body of case law favoring employee privacy rights, a federal district court in New Jersey recently held that non-public Facebook posts are covered by the Stored Communications Act (SCA)....more

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