DOCSLIB.ORG

Bipartisan U.S. Senate Bill Would Allow U.S. Government Demands for Emails Stored Abroad

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Bipartisan U.S. Senate Bill Would Allow U.S. Government Demands for Emails Stored Abroad August 2017 Bipartisan U.S. Senate Bill Would Allow U.S. Government Demands for Emails Stored Abroad Following conflicting court decisions about whether the U.S. government may require the disclosure of electronic communications stored outside the United States, several U.S. Senators recently introduced the International Communications Privacy Act (the “ICPA”), bipartisan legislation intended to clarify the bounds of what the government may demand. Among other things, the proposed legislation would: > permit the government to acquire a judicially-approved warrant to obtain the electronic communications of U.S. citizens and residents and persons located in the United States, wherever stored, as long as they are accessible from a U.S. computer; and > provide procedures for obtaining the electronic communications of non- U.S. persons physically located outside the United States. If enacted, this legislation will provide much needed clarity regarding the U.S. government’s ability to obtain electronic communications. Companies that provide data storage services and their customers should monitor this legislation as it could substantially affect their obligations under U.S. law to produce data to the U.S. government. Currently, the Electronic Communications Privacy Act of 1986 (the “ECPA”) governs U.S. government demands for the content of electronic communications from service providers. The key provision, 18 U.S.C. § 2703, requires U.S. government entities to obtain a warrant from a court to obtain more recent electronic communications (stored for 180 days or less). To obtain older electronic communications (stored for more than 180 days), the U.S. government usually only needs a subpoena. Section 2703—adopted more than 30 years ago—does not contain any language indicating whether the physical location of the electronic communications or the customer/subscriber is relevant to whether these communications are subject to production. Recently, Microsoft successfully challenged a Section 2703 warrant by refusing to produce electronic communications stored outside the United 1 States.1 More recently, however, two lower federal courts have disagreed with the Microsoft decision, and have required Yahoo and Google to turn over emails, holding that the location of the emails is not relevant under Section 2703 if such emails are within the control of a service provider in the United States.2 Under the ICPA, the ability of the U.S. government to demand electronic communications would turn on the physical location and citizenship/residence status of the person whose communications are sought. The physical storage location of the communications would be irrelevant, as long as the communications are accessible from a U.S. computer. As proposed by Senators Orrin Hatch (R-Utah), Chris Coons (D-Del.) and Dean Heller (R-NV), the ICPA would make the following changes to current law: > U.S. person or person located in the United States – The ICPA would clarify that U.S. law enforcement agencies may demand the electronic communications of U.S. persons (i.e., a U.S. citizen or lawful permanent resident) and persons physically located inside the United States (even if they are non-U.S. persons) pursuant to a warrant, regardless of where those communications are stored, provided the data is accessible from a U.S. computer. > Non-U.S. person – With respect to the electronic communications of customers or subscribers who are not U.S. persons or located in the United States, the ICPA would provide the following procedures: - First, the U.S. government must notify the person’s country of citizenship and provide that country an opportunity to object, if the country has an applicable Law Enforcement Cooperation Agreement with the United States. - Second, if, after receiving notice, the other country objects, a U.S. court would undertake a comity analysis to determine whose interests should rightfully prevail. - However, in order to receive notice and an opportunity to object, the other country must provide reciprocal rights to the United States. The ICPA permits the U.S. government to obtain a warrant for the electronic communications of a foreign national located in a foreign country that does not have an applicable Law Enforcement Cooperation Agreement with the United States. 1 Please see our earlier client briefing regarding In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corp., No. 14‐2985 (2d Cir. July 14, 2016), which is available here. The U.S. government has filed a petition for a writ of certiorari with the U.S. Supreme Court, which has yet to decide whether it will review the Second Circuit decision. 2 Matter of Search of Content that is Stored at Premises Controlled By Google, No. 16-mc-80263-LB, 2017 WL 1487625, (N.D.Cal. Apr. 25, 2017); In re: Information associated with one Yahoo email address that is stored at premises controlled by Yahoo, No. 2:17-mj-1234-WED, 2017 WL 706307 (E.D. Wis. Feb. 21, 2017). 2 > No timeframe distinction between recent and older content – The ICPA would remove the outdated distinction between electronic Contacts communications that have been maintained or stored 180 days or less versus those stored more than 180 days. This 180-day rule was enacted For further information when data typically was not stored for long periods of time due to data please contact: storage limits and related expenses. As a result, emails older than 180 Matthew Axelrod days receive few privacy protections under the current ECPA because Partner they are considered abandoned. Two other bills that have been recently +1 202 654 9264 introduced into the Senate would also remove the 180-day distinction.3 [email protected] > MLAT process – The legislation would reform and streamline the Mutual Legal Assistance Treaty (MLAT) process, which facilitates cooperation Adam Lurie and information sharing between nations, including by providing greater Partner accessibility, transparency, and accountability and requiring the Attorney +1 202 654 9227 General to create an online docketing system for MLAT requests and to [email protected] publish statistics on the number of such requests. Douglas Tween The ICPA was first introduced in the Senate and the U.S. House of Partner Representatives last year. While the ICPA did not progress when first introduced in Congress last year, the Senators recently re-introduced the +1 212 903 9072 legislation to reshape the balance between law enforcement’s access to [email protected] overseas data and U.S. and international data privacy protections. Recent legal James Warnot developments, including possible Supreme Court review of the issue, as well Partner as bipartisan and industry support, all suggest that the legislation could now gain traction. +1 212 903 9028 [email protected] We will continue to monitor developments in this area and welcome any queries you may have. If you have any questions, please contact the people on Caitlin Potratz the right or your usual Linklaters contact. Associate +1 202 654 9240 This publication is intended merely to highlight issues and not to be comprehensive, nor to provide legal advice. Should you have any questions on issues reported here or on other areas of law, please contact one of your regular contacts, or contact the editors. [email protected] © Linklaters LLP. All Rights reserved 2017 Linklaters LLP is a limited liability partnership registered in England and Wales with registered number OC326345. It is a Linklaters LLP law firm authorised and regulated by the Solicitors Regulation Authority. The term partner in relation to Linklaters LLP is used to refer to a member of Linklaters LLP or an employee or consultant of Linklaters LLP or any of its affiliated firms or 601 Thirteenth Street N.W. entities with equivalent standing and qualifications. A list of the names of the members of Linklaters LLP and of the non- members who are designated as partners and their professional qualifications is open to inspection at its registered office, Suite 400 South One Silk Street, London EC2Y 8HQ, England or on www.linklaters.com. Washington, D.C. 20005 Please refer to www.linklaters.com/regulation for important information on Linklaters LLP’s regulatory position. We currently hold your contact details, which we use to send you newsletters such as this and for other marketing and Telephone +1 202 654 9200 business communications. Facsimile +1 202 654 9210 We use your contact details for our own internal purposes only. This information is available to our offices worldwide and to those of our associated firms. If any of your details are incorrect or have recently changed, or if you no longer wish to receive this newsletter or other 1345 Avenue of the Americas marketing communications, please let us know by emailing us at [email protected]. New York, NY 10105 Telephone +1 212 903 9000 3 The ECPA Modernization Act and the Email Privacy Act would both require the U.S. government Facsimile +1 212 903 9100 to obtain a warrant before accessing electronic communications, no matter how long they have been stored. These bills do not, however, address the extraterritorial concerns raised by the Linklaters.com Microsoft case. 3 .
Load more

Recommended publications
  • Technology and Telecommunications
    Technology and Telecommunications In the history of human progress, few industries have grown as tion and consumer choice will suffer. Although some disruptive rapidly or as momentously as technology and telecommunica- newcomers will surely attract serious government scrutiny, tions. Those global markets have upended the ways in which most concerns expressed about novel technologies will prove we communicate, transact, and live. Just a quarter century ago, unfounded or overblown—just as most of the fears once raised mobile phones were expensive, bulky, and often unreliable; the about now-familiar platforms, from the Internet to email to World Wide Web was merely an untested scientific proposal. social networks, have proved manageable. Today, nearly half the world is online, according to the Inter- national Telecommunication Union’s estimates. That virtuous Congress should generally steer clear of enacting new mandates cycle of investment and innovation in technology and tele- or prohibitions on technology and telecommunications busi- communications has boosted global productivity immensely, nesses. Lawmakers should instead observe how voluntary insti- helping create tens of millions of high-skilled jobs worldwide— tutions—chiefly, civil society and the marketplace—and courts many in sectors that did not even exist a few decades ago. and local governments react to market failures if and when they arise. Intervention will rarely be necessary; when it is, Congress How lawmakers choose to govern technology and telecom- should act with a scalpel, not a sledgehammer. Meanwhile, if munications will influence how those sectors evolve, including Congress wants to ensure that technology markets realize their decisions about where to invest private capital.
    [Show full text]
  • FINAL LE ECPA Senate Judiciary Letter May 25 2016
    May 25, 2016 The Honorable Chuck Grassley Chairman The Honorable Patrick Leahy Ranking Member Committee on the Judiciary United States Senate Washington, DC 20515 RE: S. 356 - Electronic Communications Privacy Act Amendments Act Dear Chairman Grassley and Ranking Member Leahy, We write in opposition to S. 356, the Electronic Communications Privacy Act Amendments Act, in its current form, and continue to have serious concerns with the House-passed version of H.R. 699, the Email Privacy Act. Additional changes are needed to update the Electronic Communications Privacy Act for the 21st Century. We laid out our primary concerns with H.R. 699 in a letter to the House dated March 16, 2016. We appreciate that House substitute language addressed one of our concerns by removing the unprecedented notice requirement for law enforcement to serve a warrant for electronic evidence held by service providers directly on the customer or subscriber who is the target of the investigation, and to describe the nature of the investigation. However, it did not sufficiently address concerns that law enforcement has consistently raised with Congress over the past five years. Those concerns relate to the challenges faced by law enforcement when trying to obtain the electronic evidence that is increasingly important in generating leads, solving crimes, and finding missing people. The version approved by the House: • does not allow for law enforcement access to time-tested exceptions to the search warrant requirement like an imminent threat of physical harm, likely destruction of evidence, consent by a victim or a witness, or public safety emergencies that are not necessarily part of a criminal investigation (missing child, missing elderly adult); • does not account for types of data that are increasingly a part of criminal and terrorism investigations such as publicly posted electronic content (e.g.
    [Show full text]
  • California's Electronic Communications Privacy Act (Calecpa)
    AT THE PRIVACY VANGUARD: CALIFORNIA’S ELECTRONIC COMMUNICATIONS PRIVACY ACT (CALECPA) Susan Freiwald† ABSTRACT This Article engages with and contributes to the academic literature on electronic communications privacy by providing the first detailed assessment of California’s groundbreaking legislation. It provides judges and practicing attorneys with practical information on how to interpret and apply CalECPA. In addition, because it analyzes the statute’s innovations and the questions it leaves unanswered, those considering whether to replicate CalECPA’s provisions in Congress, as well as statehouses across the country, will find it valuable. DOI: https://doi.org/10.15779/Z388G8FH73 © 2018 Susan Freiwald. † Professor, USF School of Law. I owe thanks to Mario Iskander, Everett Monroe, Arlette Noujaim, and Chi Vu for their excellent research assistance and Chris Conley, Nicole Ozer, Lee Tien, and attendees of the Privacy Law Scholars’ conference in June of 2016 for their exceptionally helpful editing suggestions and discussions about CalECPA. I served as an issue expert for CalECPA’s authors, State Senators Mark Leno and Joel Anderson, and as a member of the bill’s policy and language teams. In that capacity, I helped answer questions about the bill’s language, testified at legislative committee hearings about its legal impact, and coordinated dozens of academic colleagues to send a scholarly support letter to California Governor Jerry Brown. 132 BERKELEY TECHNOLOGY LAW JOURNAL [Vol. 33:131 TABLE OF CONTENTS I. INTRODUCTION ............................................................................
    [Show full text]
  • United States Court of Appeals for the SECOND CIRCUIT ______
    Case 14-2985, Document 286-1, 07/14/2016, 1815361, Page1 of 43 14‐2985 Microsoft v. United States United States Court of Appeals FOR THE SECOND CIRCUIT ______________ August Term, 2015 Argued: September 9, 2015 Decided: July 14, 2016 Docket No. 14‐2985 ______________ In the Matter of a Warrant to Search a Certain E‐Mail Account Controlled and Maintained by Microsoft Corporation ______________ MICROSOFT CORPORATION, Appellant, – v. – UNITED STATES OF AMERICA, Appellee. ______________ B e f o r e : LYNCH and CARNEY, Circuit Judges, and BOLDEN, District Judge.* ______________ Microsoft Corporation appeals from orders of the United States District Court for the Southern District of New York (1) denying Microsoft’s motion to quash a warrant (“Warrant”) issued under the Stored Communications Act, 18 U.S.C. §§ 2701 et seq., to the extent that the orders required Microsoft to produce the contents of a customer’s e‐ mail account stored on a server located outside the United States, and (2) holding Microsoft in civil contempt of court for its failure to comply with the Warrant. We *The Honorable Victor A. Bolden, of the United States District Court for the District of Connecticut, sitting by designation. Case 14-2985, Document 286-1, 07/14/2016, 1815361, Page2 of 43 conclude that § 2703 of the Stored Communications Act does not authorize courts to issue and enforce against U.S.‐based service providers warrants for the seizure of customer e‐mail content that is stored exclusively on foreign servers. REVERSED, VACATED, AND REMANDED. Judge Lynch concurs in a separate opinion. ______________ E.
    [Show full text]
  • Multi-Organization Letter to House Judiciary Supporting the Email
    January 22, 2015 The Honorable Robert W. Goodlatte The Honorable John Conyers, Jr. Chairman Ranking Member House Judiciary Committee House Judiciary Committee Dear Chairman Goodlatte and Ranking Member Conyers, We, the undersigned companies and organizations, are writing to urge speedy consideration of Rep. Yoder and Rep. Polis’s Email Privacy Act that we expect will be introduced in the coming weeks. The bill would update the Electronic Communications Privacy Act (ECPA) to provide stronger protection to sensitive personal and proprietary communications stored in “the cloud.” ECPA, which sets standards For government access to private communications, is critically important to businesses, government investigators and ordinary citizens. Though the law was forward-looking when enacted in 1986, technology has advanced dramatically and ECPA has been outpaced. Courts have issued inconsistent interpretations of the law, creating uncertainty for service providers, for law enForcement agencies, and For the hundreds oF millions oF Americans who use the Internet in their personal and professional lives. Moreover, the Sixth Circuit Court oF Appeals in US v. Warshak has held that a provision oF ECPA allowing the government to obtain a person’s email without a warrant is unconstitutional. The ECPA Amendments Act would update ECPA in one key respect, making it clear that, except in emergencies or under other existing exceptions, the government must obtain a warrant in order to compel a service provider to disclose the content oF emails, texts or other private material stored by the service provider on behalF oF its users. This standard would provide greater privacy protections and create a more level playing field for technology.
    [Show full text]
  • Who Has Your Back? 2016
    THE ELECTRONIC FRONTIER FOUNDATION’S SIXTH ANNUAL REPORT ON Online Service Providers’ Privacy and Transparency Practices Regarding Government Access to User Data Nate Cardozo, Kurt Opsahl, Rainey Reitman May 5, 2016 Table of Contents Executive Summary........................................................................................................................... 4 How Well Does the Gig Economy Protect the Privacy of Users?.........................4 Findings: Sharing Economy Companies Lag in Adopting Best Practices for Safeguarding User Privacy....................................................................................5 Initial Trends Across Sharing Economy Policies...................................................6 Chart of Results.................................................................................................................................... 8 Our Criteria........................................................................................................................................... 9 1. Require a warrant for content of communications............................................9 2. Require a warrant for prospective location data................................................9 3. Publish transparency reports............................................................................10 4. Publish law enforcement guidelines................................................................10 5. Notify users about government data requests..................................................10 6.
    [Show full text]
  • April 26, 2016 Dear Representative, We, The
    April 26, 2016 Dear Representative, We, the undersigned civil society organizations, companies and trade associations, write to express our support for the Email Privacy Act (H.R. 699). The Act updates the Electronic Communications Privacy Act (ECPA), the law that sets standards for government access to private internet communications, to reflect internet users’ reasonable expectations of privacy with respect to emails, texts, notes, photos, and other sensitive information stored in “the cloud.” The bill would end ECPA’s arbitrary “180-day rule,” which permits email communications to be obtained without a warrant after 180 days. The Act would also reject the Department of Justice interpretation of ECPA that the act of opening an email removes it from warrant protection. These reforms would ratify the Sixth Circuit’s decision in U.S. v. Warshak, which held that email content is protected by the Fourth Amendment and that law enforcement access requires a probable cause warrant. Moreover, the changes reflect current practices: DOJ and FBI policies already require law enforcement officials seeking content to obtain a search warrant, and many service providers will not relinquish their users’ content without one. The bill reported from committee does not achieve all of the reforms we had hoped for. Indeed, it removes key provisions of the proposed bill, such as the section requiring notice from the government to the customer when a warrant is served, which are necessary to protect users. However, it does impose a warrant-for-content rule with limited exceptions. We are particularly pleased that the bill does not carve out civil agencies from the warrant requirement, which would have expanded government surveillance power and undermined the very purpose of the bill.
    [Show full text]
  • HB 148 (Zolnikov): Electronic Communications
    March 20, 2017 Governor Steve Bullock Office of the Governor PO Box 200801 Helena, MT 59620-0801 RE: Veto Request - HB 148 (Zolnikov): Electronic communications Dear Governor Bullock: The Center for Democracy & Technology (CDT) and Electronic Frontier Foundation (EFF) respectfully requests an AMENDATORY VETO of HB 148 (Zolnikov) to address the concerns stated below. CDT is a nonpartisan, nonprofit technology policy advocacy organization dedicated to protecting civil liberties and human rights, including privacy, free speech and access to information. EFF is a member- supported non-profit civil liberties organization that works to protect free speech and privacy in the digital world. We are experts in the Electronic Communications Privacy Act, the federal analogue to HB 148, and have long argued for its modernization.1 While we applaud the underlying purpose of the bill – to secure the content of communications held by third parties – key provisions of the bill undercut that goal, harming the privacy of internet users, both at home and abroad, and may suffer from serious constitutional infirmity. As an initial matter, section 2 of the bill (authorizing the use of investigative subpoenas to gather the contents of communications from an electronic communication service) risks violating the Fourth Amendment to the U.S. Constitution as interpreted by at least one federal appellate court. In 2010, in U.S. v. Warshak, the Sixth Circuit ruled that people have a reasonable expectation of privacy in email content and that it should only be accessed with a search warrant.2 While the Warshak decision is technically only applicable in the Sixth Circuit, the difficulty in determining where a particular user was located and the persuasiveness of the court’s reasoning has 1 Reforming the Electronic Communications Privacy Act: Hearing Before the S.
    [Show full text]
  • Stored Communications Act: Reform of the Electronic Communications Privacy Act (ECPA)
    Stored Communications Act: Reform of the Electronic Communications Privacy Act (ECPA) Richard M. Thompson II Legislative Attorney Jared P. Cole Legislative Attorney May 19, 2015 Congressional Research Service 7-5700 www.crs.gov R44036 Stored Communications Act: Reform of the Electronic Communications Privacy Act (ECPA Summary In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to both protect the privacy of an individual’s electronic communications and provide the government with a means for accessing these communications and related records. Although passed at the infancy of the Internet, the Stored Communications Act (SCA), which is part of ECPA, has been interpreted over the years to cover the content of emails, private Facebook messages, YouTube videos, and so-called metadata, or non-content information, connected to our Internet transactions (e.g., websites visited, to/from and time/date stamps on emails). The scope of the SCA is determined largely by the entities to which it applies, “electronic communication service” (ECS) providers and “remote computing service” (RCS) providers, as defined in the statute. It does not apply to government access to records held by a party to the communication. The SCA has two core components. First, it creates a broad bar against service providers voluntarily disclosing a customer’s communications to the government or others, subject to various exceptions, and second, it establishes procedures under which the government can require a provider to disclose customers’ communications or records. As to government access, ECPA utilizes a tiered system with different levels of evidence required depending on whether the provider is an ECS or RCS; whether the data sought is content or non-content; whether the email has been opened; and whether advance notice has been given to the customer.
    [Show full text]
  • CLOUD Act of 2018 As a Stand-Alone Remedy for Some of the Digital Evidence Access Challenges That U.S
    February 22, 2018 The Honorable Chuck Grassley The Honorable Dianne Feinstein The Honorable Orrin Hatch The Honorable Lindsey Graham The Honorable Sheldon Whitehouse The Honorable Chris Coons Committee on the Judiciary United States Senate Washington, DC 20510 RE: CLOUD Act and law enforcement access to digital evidence Dear Senators Grassley, Feinstein, Hatch, Graham, Whitehouse, and Coons: We write in support of the CLOUD Act of 2018 as a stand-alone remedy for some of the digital evidence access challenges that U.S. law enforcement agencies encounter when data is stored on servers located in other countries. However, if Congress acts on the CLOUD Act, it should do so separate from consideration of a more far-reaching update of the Electronic Communications Privacy Act (ECPA), such as the pending Email Privacy Act. It has been our long-held position that Congress should ensure any comprehensive ECPA update must address law enforcement concerns about access to digital evidence regardless of where it is stored. As it stands today, the Email Privacy Act fails to address those concerns. The CLOUD Act is a welcome fix to one digital evidence access challenge, but it should be part of a larger effort to improve the current compliance environment and ensure that law enforcement can obtain the evidence that we need to accomplish our mission without unnecessary delays or obstacles. Refusals by service providers to comply with US legal demands based on a foreign evidence objection introduced a new problem into an already challenging environment. So, this fix will support our public safety mission if comity objections are not abused, if the bilateral agreements themselves support the whole range of state and local law enforcement needs for evidence, and if any additional ECPA reform efforts address the updates which we believe are essential for public safety in the 21st Century.
    [Show full text]
  • USCA Case #18-5276 Document #1770355 Filed: 01/25/2019 Page 1 of 37
    USCA Case #18-5276 Document #1770355 Filed: 01/25/2019 Page 1 of 37 [ORAL ARGUMENT NOT YET SCHEDULED] Appeal No. 18-5276 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA JASON LEOPOLD AND REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, Appellants, v. UNITED STATES OF AMERICA Appellee. Appeal from the United States District Court for the District of Columbia, Hon. Beryl A. Howell, Case No. 1:13-mc-00712-BAH AMICUS BRIEF OF ELECTRONIC FRONTIER FOUNDATION AND RIANA PFEFFERKORN IN SUPPORT OF PETITIONERS- APPELLANTS Aaron Mackey, Bar No. 55223 Camille Fischer ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 Telephone: (415) 436-9333 Facsimile: (415) 436-9993 [email protected] January 25, 2019 Attorneys for Amici Curiae USCA Case #18-5276 Document #1770355 Filed: 01/25/2019 Page 2 of 37 CERTIFICATE AS TO PARTIES, RULINGS, RELATED CASES, AND STATUTES Pursuant to D.C. Circuit Rules 26.1 and 28(a)(1), and Fed. R. App. P. 26.1, the undersigned counsel certifies as follows: A. Parties and Amici All parties, intervenors, and amici appearing in the proceedings below and in this Court are listed in the Brief of Appellants. B. Rulings Under Review References to the rulings at issue appear in the Brief of Appellants. C. Related Cases This case has not previously been before this Court or any other court. Counsel are not aware of any related cases currently pending in this Court or any other court within the meaning of Circuit Rule 28(a)(1)(c). D. Statutes and Regulations All applicable statutes, etc., are contained in the Brief Appellants.
    [Show full text]
  • Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo Sarah E
    American University Law Review Volume 66 | Issue 3 Article 6 2017 Cloudy with a Chance of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo Sarah E. Pugh Follow this and additional works at: http://digitalcommons.wcl.american.edu/aulr Part of the Fourth Amendment Commons, Internet Law Commons, and the Privacy Law Commons Recommended Citation Pugh, Sarah E. (2017) "Cloudy with a Chance of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo," American University Law Review: Vol. 66 : Iss. 3 , Article 6. Available at: http://digitalcommons.wcl.american.edu/aulr/vol66/iss3/6 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in American University Law Review by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Cloudy with a Chance of Abused Privacy Rights: Modifying Third-Party Fourth Amendment Standing Doctrine Post-Spokeo Keywords The tS ored Communications Act, SCA, privacy, Electronic communications, cloud This article is available in American University Law Review: http://digitalcommons.wcl.american.edu/aulr/vol66/iss3/6 PUGH.DOCX (DO NOT DELETE) 2/13/2017 6:41 PM CLOUDY WITH A CHANCE OF ABUSED PRIVACY RIGHTS: MODIFYING THIRD- PARTY FOURTH AMENDMENT STANDING DOCTRINE POST-SPOKEO SARAH E. PUGH* The Stored Communications Act (SCA) provides various privacy protections for electronic communications; however, the statute has failed to keep up with technological advances, and the application of third-party Fourth Amendment standing doctrine has whittled away privacy protections.
    [Show full text]