Data Privacy Legislation: Part 1
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Unique Privacy Concerns for Mobile Apps
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Privacy issues are inherent in almost all facets of a business — from operations, employment, and technology to customer service, contracts, legal and compliance — all with varying degrees of risk. Most companies mitigate...more
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
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
The Ninth Circuit recently heard an appeal that challenges a common tool of law enforcement: “f” letters. Under section 2703(f) of the Stored Communications Act, law enforcement may compel providers of “electronic...more
Over a year following enactment of the U.S. “Clarifying Lawful Overseas Use of Data” or CLOUD Act, significant questions remain unanswered about the law and its potential impact on global investigations involving cloud stored...more
On March 27, 2019, Utah Governor Gary Herbert signed HB 57, a bill designed to increase privacy protections by requiring law enforcement to obtain a search warrant before being able to access a person’s data held by...more
The Third Circuit Denies 4th Amendment Right - Let’s face it – over the last 20 years or so, we have come to embrace, celebrate, and depend completely on electronic communications. What is more, we keep reaching out to...more
The United States government has a powerful new tool to gain access to data stored overseas – the CLOUD Act, which was enacted this spring. If you are a company based overseas, particularly if you use a cloud service provider...more
Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...more
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
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
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
The Situation: The U.S. Congress passed the CLOUD Act amending U.S. surveillance laws to facilitate law enforcement access to the contents of communications and other related data. The Result: U.S. law enforcement...more
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
In our previous installment, we looked at the issues related to Carpenter. That discussion can be found here. Another case involving the Stored Communications Act may also come before the U.S Supreme Court in the...more
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
In United States v. Gilliam, 15-387, the Second Circuit (Newman, Winter, Cabranes) held that, under the exigent circumstances present in that case, law enforcement could use cell phone GPS data to locate a suspect without...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 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
Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more
Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more
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
As technology developers continue to push the envelope on services and applications affecting the daily lives of consumers, the intersection of technology and privacy is becoming increasingly fraught with legal implications...more