In one of the most important decisions of the summer, the Second Circuit Court of Appeals held that the U.S. government could not compel Microsoft to disclose user data stored exclusively in its Dublin, Ireland...

Without mentioning, much less examining, the inconsistent outcomes and rationales of numerous other courts to have confronted the issue (see here here and here for our analysis of some of those decisions), the Sixth Circuit...

The Maryland Court of Special Appeals held that the Baltimore police’s use of a cell site simulator used to locate and arrest a suspect violated his Fourth Amendment right against unreasonable searches. According to the...

The California Electronic Communications Privacy Act (“CalECPA”) alters the procedures and requirements for making and responding to state law enforcement requests for electronic communications. CalECPA is expected to go into effect on January 1, 2016. As...

A California appellate court has rejected Google’s contention that the Stored Communications Act provides a blanket exemption or immunity on service providers against compulsory civil discovery process. A ship manufacturer, Navalimpianti USA Inc., sued Matteo...

Last week, the U.S. Supreme Court denied certiorari in a case challenging New Jersey’s wiretapping law, keeping in place the New Jersey Supreme Court’s ruling which, like all courts to have confronted the issue, allows...

There is more happening this summer in Brazil than just the World Cup. On June 23, 2014, Brazil’s new internet law, Marco Civil da Internet, Law No. 12, 965 (April 23, 2014), goes into effect...

The Eleventh Circuit Court of Appeals further splintered the jurisprudence surrounding government access to historical cell site location records, holding that such requests always constitute a Fourth Amendment search requiring a warrant. The case arose...

Online analytics company ComScore has agreed to pay $14 million to settle claims that it violated federal electronic privacy laws by installing tracking software on web users’ computers without consent. In April 2013, the Northern...

A federal magistrate in the Southern District of New York required Microsoft to produce user data in a search warrant even though the data was stored in Dublin, Ireland. If affirmed by the district court...