Tag Archives: SCA

Second Circuit Upholds Conviction Under the CFAA, Rejecting Argument That the Law Is Unconstitutional

In a recent decision, the federal Court of Appeals for the Second Circuit (which covers New York, Connecticut,  and Vermont) affirmed the conviction of an Italian citizen for misdemeanor computer intrusion in violation of the Computer Fraud and Abuse Act of 1986 (CFAA). The decision is noteworthy in that, among other things, the Second Circuit … Continue Reading

Congress Enacts CLOUD Act within Omnibus Spending Bill to Address Overseas Storage of Electronic Data, Potentially Mooting Supreme Court’s Pending Microsoft Case

On March 23, 2018, the President signed into law the Consolidated Appropriations Act of 2018 (H.R. 1625), an omnibus spending bill that includes the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act). Among other provisions, the CLOUD Act amends the Stored Communications Act of 1986 (18 U.S.C. §§ 2701-2712, hereinafter the SCA) by … Continue Reading

Stored Communications Act Does Not Prohibit Disclosure of Deceased’s Yahoo Account

In what appears to be a case of first impression in the Commonwealth of Massachusetts, the Supreme Judicial Court (SJC) has ruled that Yahoo may disclose the contents of a deceased’s Yahoo email account to his personal representatives and is not precluded from doing so by the Stored Communications Act (SCA). The subscriber passed away … Continue Reading

Supreme Court to Hear Microsoft Emails Case

In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by technology companies across the globe. The case, which Robinson+Cole has previously discussed here, here, and here, arises from a warrant obtained … Continue Reading

Supreme Court to Discuss Granting Review in Microsoft E-Mails Case October 6

The U.S. Supreme Court recently indicated that it will consider the federal government’s petition for a writ of certiorari in United States v. Microsoft Corp. at its conference scheduled for October 6, 2017. United States v. Microsoft is a “cutting edge” case that concerns the ability of law enforcement to obtain electronic documents stored abroad … Continue Reading

Yahoo refuses to comply with bankruptcy judge’s order to turn over email account

Yahoo is objecting to a Delaware bankruptcy’s order to provide access to one of its email accounts arguing that its compliance would violate the Stored Communications Act.  At issue is a Yahoo email account purported to be maintained by a subscriber named Abdullah Rasimov.  The Irish Bank Resolution Corp, Ltd., the debtor in the bankruptcy, … Continue Reading
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