How 2nd Circ. Microsoft Ruling Will Affect Law Enforcement

Law360, New York (July 26, 2016, 3:52 PM EDT) -- The Second Circuit recently issued a significant decision providing an important victory for technology companies, privacy advocates and those concerned with government overreach. In Microsoft Corp. v. U.S., 14-2985 (July 14, 2016), the Second Circuit held that the U.S. government had no authority under the Stored Communications Act to use a warrant to access data stored overseas. Importantly, it held that the proper nexus for jurisdiction over the storage of data is where the data is stored, rather than the location of the service provider or the data's owner. The decision also re-emphasizes the federal courts' continuing concerns as to the privacy implications of user's data and the government's efforts to gain access to it. And, it made law enforcement's efforts more difficult....

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