X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In the oral arguments before the Supreme Court in United States v. Microsoft Corp., the justices couldn’t help but wonder whether the parties were at the wrong government building. Wouldn’t it be better, they asked, if the case at hand was rectified by Congress instead?

A few weeks later, Congress agreed, passing The Clarifying Lawful Overseas Use of Data (CLOUD) Act as part of its $1.3 trillion omnibus spending bill. The bill amends the Stored Communications Act (SCA) with language that would compel U.S. providers “of electronic communication service or remote computing” to comply with authorities’ legal requests to access information belonging to U.S. persons but stored outside of the country.

It directly addresses the issue at the center of United States v. Microsoft Corp.: whether warrants issued under SCA could force Microsoft to disclose emails stored in Ireland. The CLOUD Act also compels U.S. providers to comply with similar requests from foreign nations’ law enforcement authorities seeking information belonging to their citizens, though not U.S. citizens, provided the foreign nations in question have bilateral agreements with the U.S.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Rhys Dipshan

CT-born, New York-based legal tech reporter covering everything from in-house technology disruption to privacy trends, blockchain, AI, cybersecurity, and ghosts-in-the-machine. Continually waiting for law to catch up with tech. (It's like waiting for Godot, but without the clowns)

More from this author

Private Equity Funds: Business Structure and OperationsBook

Outstanding practical guide that gives attorneys, investment professionals, tax practitioners and corporate lawyers the tools they need to handle any aspect of a privat...

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.