Stored Communications Act

Despite its “going dark” claims, the FBI can obtain a remarkable amount of user data from secure messaging apps that collectively have several billion global users.

Implications for future investigations and more...

How and why federal law — Stored Communications Act — and Constitution may block January 6 Committee’s ability to subpoena telecommunications content.

Congress is quietly but intensively debating the CLOUD Act, a bill which would have a serious impact on privacy rights, and it may be attached to an omnibus spending bill this…

Arguments in the Microsoft Ireland case are now less than a week away.  Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…

United States v. Microsoft will be practically significant for its effect on law enforcement’s ability to access data stored abroad, and it has the potential to be doctrinally…

I need not spend much space on the merits of United States v. Microsoft, the case about the extraterritoriality of email search warrants that the Supreme Court will decide this…

Microsoft (Ireland) raises a difficult policy question about when and how U.S. law enforcement may access cross-border data. Unfortunately, the Supreme Court is seemingly set to…

In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction.  Coverage of, for example, Canada’s recent ruling against Google…

In United States v. Microsoft, the U.S. Supreme Court will determine the geographic scope of Section 2703 of the Stored Communications Act (SCA), which allows the government to…

United States v. Microsoft is a fascinating case because it appears at the cross-roads of so many different areas of the law—the Fourth Amendment, criminal law, data privacy,…

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…