Earlier this year, the Pennsylvania Supreme Court held that users generally lack a reasonable expectation of privacy in unprotected Google search records, underscoring how aggressively some courts are still applying third-party doctrine principles to digital data. Commonwealth v. Kurtz, 348 A.3d 133 (Pa. 2025). Our previous blog post on Kurtz is available here.
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Government and Microsoft In Agreement that Pending Case Mooted by CLOUD Act
By Kathleen Porter & Conor Duffy on
Posted in Enforcement + Litigation
On March 30, 2018, Solicitor General Noel J. Francisco filed a motion with the U.S. Supreme Court in United States v. Microsoft Corporation that seeks to vacate the judgment of the U.S. Court of Appeals for the Second Circuit in the case (which held in favor of Microsoft) and to remand the case with directions…
Recent Supreme Judicial Court Decisions Highlight How Courts Must Embrace Technological Change
By William Daley on
Posted in Enforcement + Litigation
Courts are often faced with the dilemma of applying centuries, or even decades, old law to constantly evolving technological advancements. See, e.g., Transcript of Oral Argument, United States v. Microsoft, No. 17-2 (U.S. Feb. 27, 2018) (attempting to ascertain the relationship between the Stored Communications Act, a 1986 law, and modern cloud computing…