ECPA Reform

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Clouds pass over the U.S. Capitol on March 7, 2017 in Washington, DC.

Modernizing ECPA: We need Congressional action despite DOJ’s new gag order guidelines

On October 24, the Justice Department announced new binding guidance designed to limit the routine use of non-disclosure orders that are used to prevent tech companies from notifying…
Just Security

The Microsoft Ireland Case and the Future of Digital Privacy

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
Just Security

Three Key Takeaways: The 2d Circuit Ruling in The Microsoft Warrant Case

As readers no doubt already know, the Second Circuit today issued a surprise ruling in the Microsoft Ireland warrant case — siding with Microsoft. The result: location of data…
Just Security

Beware of the Emergency Exception Loophole in the Email Privacy Act

The Email Privacy Act, which passed the House 419-0, is slated for consideration in the Senate Judiciary Committee hearing this week. The legislation updates the now 30-year old…
Just Security

A New Lawsuit from Microsoft: No More Gag Orders!

Microsoft is once again making headlines via litigation over government’s use of the Stored Communications Act. For the past two years, it was Microsoft’s lawsuit challenging…
Just Security

Cross-Border Data Requests: A Proposed Framework

Editor’s note: This post also appears on Lawfare. We’ve both written and spoken extensively (for example, here, here, here, here, and here) about issues related to cross-border…
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A Proposal to Improve Foreign Law Enforcement Access to US-Held Data

In my last post, I reviewed a number of proposals to reform the Electronic Communications Privacy Act (ECPA). These proposals are aimed at delimiting law enforcement access to…
Just Security

ECPA Reform: A Primer

Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
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