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

A federal magistrate in Kansas has held that a search warrant seeking the contents of all of a subscriber’s communications held by a provider of electronic communications services, without limiting the scope of the communications...

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Service providers, especially wireless carriers, face new complexity in responding to requests for user information under the Stored Communications Act after the Fifth Circuit’s decision in In re Application of U.S. for Historical Cell Site Data, No....

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Earlier this month, the U.S. District Court for the Northern District of Ohio ruled that emails stored by a provider that an intended recipient has opened and not deleted are not in “electronic storage” as...

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In a pair of rulings, the Minnesota Court of Appeals avoided review of a trial court’s decision on the important but rarely-litigated issue of when “publicly” posted social media content is subject to the protections...

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DAY 1, WEDNESDAY AFTERNOON (5/22) Cybersecurity Policy Update.  The Wednesday afternoon session at the Georgetown Cybersecurity Law Institute began with a policy update led by Stewart Baker.  He led off with the statement that the...

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On the topic of ECPA reform, a handful of Senators at last week’s mark up expressed concern that the current emergency disclosure provision permits, but does not require, providers to disclose information to law enforcement...

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Senate Committee Passes ECPA Reform Bill

April 25, 2013 | 0 Comments

Senate Committee Passes ECPA Reform Bill Today marks an important victory for ECPA reform supporters. This morning, the Senate Judiciary Committee voted to advance the Leahy-Lee ECPA reform bill, which will update ECPA to now...

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On April 16, 2013, the Ninth Circuit handed down its decision in Sams v. Yahoo!, dismissing a suit against Yahoo! based on Yahoo’s immunity under the Stored Communications Act.  ZwillGen represented Yahoo! in the case....

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CISPA Returns: Cyber Week 2013 on the Hill

April 16, 2013 | 0 Comments

Although we continue to move forward with business, we do ask that you pause momentarily in remembrance of those lost or injured in yesterday’s senseless act of violence in Boston.  Our thoughts and prayers go...

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A federal district court recently held that an internet service provider’s objective reasonableness in disclosing information in response to a search warrant (an element of an ISP’s defense under the Stored Communications Act), is a...

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