ECPA
13 Articles
The Parties in U.S. v. Microsoft Are Misinterpreting the Stored Communications Act’s Warrant Authority
United States v. Microsoft comes to the court in stark terms. The case involves a search warrant demanding that Microsoft turn over stored emails from a server in Ireland. That…
Introducing Just Security’s Symposium on United States v. Microsoft
Just Security is pleased to announce the launch of an online symposium on United States v. Microsoft, which will be argued at the U.S. Supreme Court on February 27. The question…
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…
What Does it Mean that Mueller Got a Warrant to Obtain Facebook Data?
The Wall Street Journal and CNN recently reported that Facebook provided data about Russian advertising purchases made in the run-up to the 2016 election to Special Counsel Robert…
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…
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…
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…
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…
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…
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…
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…
A New US-UK Data Sharing Treaty?
In a little-noticed piece of news (at least in the US), the UK has been contemplating a new international treaty to enable British authorities to access user data held by US tech…