News & Analysis as of

Search Warrant Data Privacy

Davies Ward Phillips & Vineberg LLP

The Power and Peril of IP Addresses: The Supreme Court of Canada Weighs in on the Changing Landscape of Online Privacy

The Supreme Court of Canada recently delivered a landmark decision on the privacy rights of Internet users. In R v Bykovets, police investigating an alleged online fraud requested and obtained a suspect’s Internet Protocol...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

Eversheds Sutherland (US) LLP

US Cybersecurity and Data Privacy review and update: Looking back on our 2021 articles and planning ahead for 2022

The past year’s trends in privacy and cybersecurity are set to intensify in 2022, with heightened threats, increased regulations, and elevated expectations - as well as new opportunities. To navigate the year ahead, we lay...more

Barnea Jaffa Lande & Co.

Right to Privacy and Computers and Cellular Devices Search Warrants

On January 11, 2022, the Israeli Supreme Court, in an expanded panel of nine justices, prescribed a set of rules concerning procedures and judicial discretion on the granting of search warrants of computers and cellular...more

Knobbe Martens

Voters Choose Privacy at the Ballot Box

Knobbe Martens on

While most 2020 media election coverage focused on the races for President and control of Congress, privacy also had its day at the ballot box. This blog has previously described California Proposition 24, also known as...more

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

Sheppard Mullin Richter & Hampton LLP

Utah Requires Law Enforcement Search Warrants

Effective this week, law enforcement in Utah will need a search warrant to obtain for certain electronic records. The new state legislation looks to expand privacy protections for content that consumers store online....more

Snell & Wilmer

What Does the New Utah Electronic Data Privacy Law Do?

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Utah recently became the first state to enact a law specifically designed to protect private electronic information stored with third parties from collection by law enforcement without a valid warrant. Utah Governor Gary...more

Patterson Belknap Webb & Tyler LLP

New Utah Privacy Law Requires Search Warrant

Companies from California to New York are already scrambling to comply with a growing patchwork of privacy laws covering both businesses and consumers....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

Robinson+Cole Data Privacy + Security Insider

Recent Supreme Judicial Court Decisions Highlight How Courts Must Embrace Technological Change

Courts are often faced with the dilemma of applying centuries, or even decades, old law to constantly evolving technological advancements. See, e.g., Transcript of Oral Argument, United States v. Microsoft, No. 17-2 (U.S....more

BakerHostetler

What Controls: The Location of the Data or the Location of the Searches for the Data?

BakerHostetler on

The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants....more

Harris Beach PLLC

A Data Privacy Question that Borders on Reach

Harris Beach PLLC on

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

Patterson Belknap Webb & Tyler LLP

Justices to Hear DOJ Appeal on Microsoft Ruling: Is Email Stored Abroad Subject to a U.S. Warrant?

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

Moore & Van Allen PLLC

“Not so fast, my friend*” — Judge Orders DreamHost Comply with DOJ’s Disruptj20 Search Warrant, with Caveats

Can the government force the hosting service of an activist website company to turn over vast amounts of user data in order to track down political protesters? According to a federal court ruling, the answer — Yes, but...more

Snell & Wilmer

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

Snell & Wilmer on

The controversial practice of U.S. Customs and Border Protection (CBP) agents randomly demanding that Americans turn over passwords to their mobile devices so they can be searched at the border and at ports of entry may be...more

Bracewell LLP

To Obtain Data Abroad, Government Just Googles It

Bracewell LLP on

As technology companies expand globally they increasingly are storing customer electronic data in servers outside the United States. To keep apace, the Justice Department has become more creative in adapting existing legal...more

Morgan Lewis

Update: Email Privacy Act Passes House, Again

Morgan Lewis on

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

Patterson Belknap Webb & Tyler LLP

The Digital Divide Widens: Data Stored on Foreign Servers Within Reach of U.S. Warrants

The rules defining privacy rights in the digital ether just became more complicated – and many didn’t believe that was possible. In a decision issued late Friday by a federal magistrate in Philadelphia, Google Inc. was...more

Eversheds Sutherland (US) LLP

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law...more

Morgan Lewis

Decision Holds That Search Warrant Cannot Compel Data Stored Overseas

Morgan Lewis on

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

Patterson Belknap Webb & Tyler LLP

U.S. v. Microsoft – What you need to know about one of the most important privacy cases of the decade

The U.S. Court of Appeals for the Second Circuit has in its hands one of the most closely-watched privacy cases in recent memory. U.S. v. Microsoft addresses an issue of critical importance to U.S. businesses — whether...more

King & Spalding

New California Law Expands Privacy Rights Applicable To Electronic Data

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On October 8, 2015, California Governor Jerry Brown signed into law the California Electronic Communications Privacy Act (“CalECPA” or the “Act”), sponsored by Senator Mark Leno (D-San Francisco). The Act requires law...more

Robinson+Cole Data Privacy + Security Insider

California Electronic Communications Privacy Act signed by Governor

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

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