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

A federal court has dismissed a proposed class action lawsuit against an omnichannel marketing company (NaviStone) and three online retailers, holding that the companies’ alleged use of omnichannel marketing technologies did not result in a...

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In a 5-4 decision written by Chief Justice Roberts – and invoking the types of government oppression on liberty that led to the American Revolution —  the Supreme Court reversed the Court of Appeal’s decision...

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The California Supreme Court has answered another long-outstanding Electronic Communications Privacy Act (“ECPA”) question, this time about the contours of the lawful consent exception in 18 U.S.C. § 2702(b)(3). In Facebook, Inc. v. Superior Court,...

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The CLOUD Act has been enacted, effectively mooting the closely watched United States v. Microsoft case and marking a watershed moment in federal and international surveillance law. The Act codifies mechanisms for both US and...

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In affirming the dismissal of the Wiretap case against Apple for its handling of iMessages from former users, the 9th Circuit yesterday affirmed the distinction it first set out in 2002 in Konop v. Hawaiian...

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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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