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The Impact and Future of the Fifth Circuit’s New Hard-Line Stance on Geofence Warrants

On August 9, 2024, the Fifth Circuit issued its decision in United States v. Smith, No. 23-60321, broadly holding: “that the use of geofence warrants … is unconstitutional under the Fourth Amendment.” This categorical holding...more

US Signs First Bilateral Data Sharing Agreement Under the CLOUD Act

The Department of Justice announced yesterday that the United States and the United Kingdom have entered into the first of the international executive agreements authorized under the Clarifying Overseas Use of Data (CLOUD)...more

Congress Enacts Law Clarifying Reach of Warrants for Overseas Data

On Friday, March 23, President Trump signed into law the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), which amends the Stored Communications Act (SCA), 18 U.S.C. § 2701, et seq., to require providers of electronic...more

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