News & Analysis as of

Stored Communications Act Data Privacy

Bradley Arant Boult Cummings LLP

Phishing Subpoenas – A New Privacy Threat?

Privacy issues are inherent in almost all facets of a business — from operations, employment, and technology to customer service, contracts, legal and compliance — all with varying degrees of risk. Most companies mitigate...more

Ballard Spahr LLP

New Wiretap Cases Target Hospitals Using Meta Pixel

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As we discussed in a recent webcast, there has been a surge in litigation focused on companies’ use of Meta Pixel, which is tracking code that enables the sharing of user online activity with Facebook. Recent litigation has...more

Troutman Pepper

More Privacy, Please - May 2022

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Editor’s Note: Connecticut became the fifth state in the nation to successfully pass a comprehensive privacy bill (now awaiting its governor’s signature), following California, Colorado, Utah, and Virginia. Meanwhile,...more

Davis Wright Tremaine LLP

Illinois "Protecting Household Privacy Act" Takes Effect

Leading on the data privacy front again after passing one of the toughest biometric data privacy laws in the nation, Illinois is now the first state to expressly limit law enforcement access to household digital device data....more

Bradley Arant Boult Cummings LLP

Privacy Litigation Updates for the Financial Services Sector: Claims Against Yodlee Survive and Limited Discovery of Envestnet...

In November 2020, Yodlee and its parent company Envestnet filed separate motions to dismiss the class action lawsuit brought over Yodlee’s alleged data collection and use practices. Yodlee’s motion to dismiss argued that...more

Farella Braun + Martel LLP

A Roadmap to Litigating Privacy Claims? A Look at a Recent Order From the Google Assistant Privacy Litigation

As privacy-related litigation continues to heat up, Judge Beth Freeman (ND Cal.) recently laid out in In re Google Assistant Privacy Litigation (Case No. 19-cv-04286) a potential roadmap for surviving or winning a motion to...more

Constangy, Brooks, Smith & Prophete, LLP

Data Privacy Legislation: Part 1

As state, federal, and international laws protecting consumer data multiply, employers need to know about the applicable restrictions and obligations related to employee data. Part 1 of this miniseries will cover the Stored...more

Bond Schoeneck & King PLLC

The CLOUD Act: Where International Data Privacy and Law Enforcement Collide

The Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), a United States federal law, will be celebrating its two-year anniversary on March 23, 2020. It was effectively, and primarily, an amendment to the Stored...more

Sheppard Mullin Richter & Hampton LLP

New York Federal Court Dismisses Nationwide Class Action Arising Out of Alleged Spying by E-Commerce Retailers

In a victory for online retailers, a New York federal court recently dismissed three putative class action lawsuits brought on behalf of website visitors whose mouse clicks, keystrokes, and electronic communications were...more

Dechert LLP

Forecasting the Impact of the New US CLOUD Act

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The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more

BakerHostetler

What Controls: The Location of the Data or the Location of the Searches for the Data?

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The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants....more

Harris Beach PLLC

A Data Privacy Question that Borders on Reach

Harris Beach PLLC on

Location, Location, Location. While it is often used to describe a key to selling real estate, the location of a server may be just as important. The United States Supreme Court heard arguments on February 27, 2018, on...more

Patterson Belknap Webb & Tyler LLP

Justices to Hear DOJ Appeal on Microsoft Ruling: Is Email Stored Abroad Subject to a U.S. Warrant?

The Supreme Court is poised to finally answer the question that’s been plaguing federal courts across the country: must U.S. tech companies comply with warrants issued under the Stored Communications Act (“SCA”) that demand...more

Cozen O'Connor

The State AG Report Weekly Update

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Republican Jay McMahon Announces Bid for Massachusetts Attorney General- Republican Jay McMahon, an attorney in private practice, announced his candidacy to become Massachusetts AG. McMahon is the first candidate to...more

King & Spalding

House Legislation Purports To Require Warrants For All Email

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On February 6, 2017, the U.S. House of Representatives unanimously passed the Email Privacy Act (the “Act”), co-sponsored by Representatives Kevin Yoder (R-KS) and Jared Polis (D-CO), which would require law enforcement to...more

Bracewell LLP

To Obtain Data Abroad, Government Just Googles It

Bracewell LLP on

As technology companies expand globally they increasingly are storing customer electronic data in servers outside the United States. To keep apace, the Justice Department has become more creative in adapting existing legal...more

Patterson Belknap Webb & Tyler LLP

The Digital Divide Widens: Data Stored on Foreign Servers Within Reach of U.S. Warrants

The rules defining privacy rights in the digital ether just became more complicated – and many didn’t believe that was possible. In a decision issued late Friday by a federal magistrate in Philadelphia, Google Inc. was...more

Alston & Bird

Supreme Court Denies Cert in Leading Case on Internet Tracking and Analytics

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The Supreme Court recently declined to review In re Google Inc. Cookie Placement Consumer Privacy Litigation—a consolidated class action alleging that Google and third-party advertisers evaded web browser privacy settings,...more

Morgan Lewis

Decision Holds That Search Warrant Cannot Compel Data Stored Overseas

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The landmark ruling is the first by a federal court of appeals to address the extraterritoriality of the Stored Communications Act. Microsoft and other US-based internet service providers won a major victory on July 14...more

Patterson Belknap Webb & Tyler LLP

U.S. v. Microsoft – What you need to know about one of the most important privacy cases of the decade

The U.S. Court of Appeals for the Second Circuit has in its hands one of the most closely-watched privacy cases in recent memory. U.S. v. Microsoft addresses an issue of critical importance to U.S. businesses — whether...more

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