News & Analysis as of

Stored Communications Act

SCOTUS to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

The U.S. Supreme Court on Oct. 16, 2017, announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology...more

Court Rejects DOJ’s Depiction of Google as “Willful and Contemptuous” Tactics in Ongoing Battle over SCA Search Warrant

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

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - November 2017

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the formal withdrawal of the United States from the EITI; the...more

Microsoft Claims Victory in Challenge to DOJ’s Practice of Seeking “Gag Orders” under the Stored Communications Act

by Morrison & Foerster LLP on

Last week, the Department of Justice (DOJ) announced a new policy that significantly restricts its practice of seeking non-disclosure orders under the Stored Communication Act (SCA), 18 U.S.C. § 2705(b), in connection with...more

Location, Location, Location: Microsoft Debate Over Government’s Access to Overseas Data Heads to the Supreme Court

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

Data Privacy + Cybersecurity Insider - October 2017 #3

by Robinson & Cole LLP on

Security researchers this week have found a new vulnerability that affects Wi-Fi Protected Access II, also known as WPA2, which is the security protocol used by many wireless networks. The vulnerability, Key Reinstallation...more

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

by 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

Stored Communications Act Does Not Prohibit Disclosure of Deceased’s Yahoo Account

In what appears to be a case of first impression in the Commonwealth of Massachusetts, the Supreme Judicial Court (SJC) has ruled that Yahoo may disclose the contents of a deceased’s Yahoo email account to his personal...more

Google Requests Contempt Order For $10,000 Sanctions Per Day Against…Google: eDiscovery Case Law

by CloudNine on

Last month, we wrote that Google went 0 for 2 in August in its request for review of warrant cases related to the Stored Communications Act of 1986 (SCA) and the order to produce ESI stored internationally that is subject to...more

Supreme Court to Hear Microsoft Emails Case

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

United States v. Microsoft: Supreme Court to Resolve Lower-Court Dispute Over U.S. Warrants Seeking Foreign-Stored User Data

by Morrison & Foerster LLP on

On October 16, 2017, the Supreme Court announced it had granted the government’s petition for certiorari in United States v. Microsoft and will hear a case this Term that could have lasting implications for how technology...more

Microsoft: Supreme Court Decision on Jurisdiction over Foreign-Located Communications Anticipated

by Cozen O'Connor on

On October 16, 2017, the Supreme Court granted certiorari in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). In taking the case for review, the Supreme Court has...more

Ajemian v. Yahoo: One Small Step For The Family, One Giant Step For Fiduciaries

by Murtha Cullina on

Yahoo! On October 16, 2017, the Massachusetts Supreme Judicial Court issued its long-awaited decision in Ajemian v. Yahoo!, Inc. (“Yahoo”), http://bit.ly/2zuW1T9, interpreting the federal Stored Communications Act (the “SCA”)...more

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

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

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

by Fenwick & West LLP on

The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

Supreme Court to Discuss Granting Review in Microsoft E-Mails Case October 6

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

Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, Google was ordered earlier this year to produce foreign stored emails by judges in California and...more

Pennsylvania District Court Agrees That Google Must Give Up Foreign Server Data

by Bracewell LLP on

On August 17, 2017, a Pennsylvania district court upheld a magistrate judge’s order that Google comply with warrants issued pursuant to the Stored Communications Act (“SCA”) and produce to the FBI data that was stored, in...more

Ashley Madison: Life Is Short. Settle.

On July 21, 2017, Judge John A. Ross of the U.S. District Court for the Eastern District of Missouri issued a preliminary approval of a settlement agreement between the owner of AshleyMadison.com and the class representing...more

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

by Jaburg Wilk on

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

Employer’s Accessing of Employee’s Personal Email Account from Company Mobile Phone May Have Violated Stored Communications Act

In Levin v. ImpactOffice LLC, the federal court in Maryland ruled that a former employee’s claim survived a motion to dismiss where she alleged that her former employer violated the Stored Communications Act (“SCA”) when it...more

The Carpenter Case and Other Privacy-Related News

by Revision Legal on

As we discussed in the last few weeks, privacy is repeatedly in the news. Washington lawmakers are trying again to update the Electronic Communications Privacy Act, the Stored Communications Act (the “SCA”), and the Pen...more

Citing SCA, Court Denies Motions to Compel Microsoft, Google and Yahoo to Produce Emails: eDiscovery Case Law

by CloudNine on

In PPG Indus., Inc. v. Jiangu Tie Mao Glass Co., Ltd., No. 2:15-cv-965 (W.D. Pa. July 21, 2017), Pennsylvania District Judge Mark R. Hornak denied the plaintiff’s Motions to Compel third parties Microsoft, Google and Yahoo to...more

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

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