Electronic Communications Privacy Act (ECPA)/Stored Communications Act (SCA)

What happens when a foreign law enforcement agency seeks information from a U.S.-based communications service provider in order to obtain evidence in an investigation? U.S.-based companies often must consider whether and how to respond to...

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Delivering a blow to Facebook and other online platforms, the New York Court of Appeals ruled that Facebook could not appeal the New York state lower court’s denial of its motions challenging the issuance of...

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The law governing access to your electronic communications and data stored in the cloud, the Electronic Communications Privacy Act (“ECPA”) was enacted in 1986, the same year that Top Gun was the highest grossing film...

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A Delaware bankruptcy court held that the Stored Communications Act forbids the disclosure of a subscriber’s email content to the representatives of a bankruptcy estate where the subscriber has not given consent. The case, In...

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In one of the most important decisions of the summer, the Second Circuit Court of Appeals held that the U.S. government could not compel Microsoft to disclose user data stored exclusively in its Dublin, Ireland...

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Without mentioning, much less examining, the inconsistent outcomes and rationales of numerous other courts to have confronted the issue (see here here and here for our analysis of some of those decisions), the Sixth Circuit...

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