Three Takeaways From Congress’s Cross-Border Data Hearings

The circumstances under which American law enforcement can obtain access to digital content information stored outside the United States is a critical issue for both the private and public sectors. It is currently under scrutiny both in recent Senate and House Judiciary Committee hearings and continued litigation in Microsoft Corp. v. U.S., in which the DOJ has filed a petition in the Supreme Court seeking to challenge the Second Circuit’s decision quashing a warrant seeking overseas data. In this guest article, Jenner & Block attorneys David Bitkower and Natalie Orpett discuss warrants under the Stored Communications Act, the ongoing litigation, and key takeaways and insights from the hearings. See also “Second Circuit Quashes Warrant for Microsoft to Produce Email Content Stored Overseas” (Aug. 3, 2016).

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