News & Analysis as of

Law Enforcement Electronic Communications

Lowenstein Sandler LLP

Another Wave of SEC Settlements Underscore the Continued Priority of Record Retention Communication Compliance

On August 14, 2024, the U.S. Securities and Exchange Commission (SEC) announced another series of settlements regarding “off-channel communications.”1 As part of its Off-Channel Communications Initiative,2 the SEC settled...more

Saiber LLC

Wiretap Order, not a Search Warrant, Needed to Obtain Certain Information from Facebook

Saiber LLC on

The April 18, 2022 Trending Law Blog post discussed how, in Facebook, Inc. v. State of New Jersey, the New Jersey Appellate Division held that a communications data warrant, rather than a wiretap order, was required for law...more

BakerHostetler

For California Electronic and Computing Services Companies, New Processes Required Before Responding to Warrants, Subpoenas and...

BakerHostetler on

In response to the Dobbs decision, California enacted legislation intended to enhance data privacy and block record requests by other states concerning alleged abortion-related offenses that are lawful in California. In...more

Robinson+Cole Data Privacy + Security Insider

California Law Prohibits Cooperation with Out-of-State Entities Regarding Lawful Abortion

In response to Dobbs v. Jackson Women’s Health Organization, California Governor Gavin Newsom recently signed AB 1242 into law, which “prohibits law enforcement and California corporations from cooperating with out-of-state...more

Zuckerman Spaeder LLP

Warranted wiretapping? What to look for in this year’s Wiretap Report.

Zuckerman Spaeder LLP on

Wiretapping—the interception of wire, oral, or electronic communications—has long been an effective tool for law enforcement investigating suspected criminal activity. Each June, Title III of the Omnibus Crime Control and...more

Saiber LLC

A Communication Data Warrant or Wiretap Order - Which is needed for Law Enforcement to Obtain ESI from Facebook?

Saiber LLC on

In a recent case decided by the Appellate Division in New Jersey, Facebook, Inc. v. State of New Jersey, the court considered whether communication data wire warrants (“CDWs”) or wiretap orders had to be served on Facebook...more

WilmerHale

US Signs First Bilateral Data Sharing Agreement Under the CLOUD Act

WilmerHale on

The Department of Justice announced yesterday that the United States and the United Kingdom have entered into the first of the international executive agreements authorized under the Clarifying Overseas Use of Data (CLOUD)...more

Best Best & Krieger LLP

CPRA: The Only Constant is Change

ARC’s Christine Wood Discusses Calif. Public Records Act Updates in Riverside Lawyer Magazine - A public agency’s release of public records is a hot button issue for policy wonks, community advocates and conspiracy...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

Dechert LLP

Forecasting the Impact of the New US CLOUD Act

Dechert LLP on

The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more

Eversheds Sutherland (US) LLP

Reaching for the clouds - how the US government plans to access data stored abroad

As part of the recently enacted federal spending bill, the US Congress has passed a momentous piece of legislation directly affecting providers of electronic communication services like email service providers and social...more

BCLP

The CLOUD Act: Broadening both U.S. and Foreign Governments’ Reach into Individuals’ Data

BCLP on

The new U.S. CLOUD Act directly addresses the very real challenges faced by law enforcement agencies in the U.S. and internationally in accessing increasingly globalized communications data and provides clarity to...more

WilmerHale

Congress Enacts Law Clarifying Reach of Warrants for Overseas Data

WilmerHale on

On Friday, March 23, President Trump signed into law the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), which amends the Stored Communications Act (SCA), 18 U.S.C. § 2701, et seq., to require providers of electronic...more

Proskauer - Corporate Defense and Disputes

Senate Considers Potential Changes to ECPA to Ease Access to Electronic Data Across Borders

Terrorist attacks, most recently in London and Manchester, England, have raised the pressure on law enforcement and lawmakers in countries like the U.K. and the U.S., to proactively intercept and interrupt terrorist...more

Dorsey & Whitney LLP

EU court strikes down security legislation over privacy concerns

Dorsey & Whitney LLP on

A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more

Snell & Wilmer

California Updates Privacy Rights with the Electronic Communications Privacy Act

Snell & Wilmer on

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

Locke Lord LLP

California Enacts Electronic Communication Privacy Statute, Connected Television Privacy Statute

Locke Lord LLP on

The California legislature recently enacted the California Electronic Communications Privacy Act (“CalECPA”) (Senate Bill 178), which provides greater protections against governmental searches for persons’ electronic...more

Goodwin

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

Goodwin on

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

McDermott Will & Emery

California Joins Other States with the Passage of CalECPA

McDermott Will & Emery on

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

King & Spalding

The U.S. Senate Judiciary Committee Holds Hearing To Discuss Reforms To The Electronic Communications Privacy Act

King & Spalding on

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

Brooks Pierce

Nothing to See in This Story about the Electronic Communications Privacy Act

Brooks Pierce on

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

Nossaman LLP

California Tries (Once Again) to Protect Digital Information

Nossaman LLP on

This month, bipartisan legislation was introduced in the California Senate that would require law enforcement to get a search warrant before accessing a person’s digital information. The proposed California Electronic...more

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