Tagged: Storage Counseling

Second Circuit Reverses Lower Court Microsoft Decision and Holds That Email Evidence Stored Abroad Cannot Be Gathered Pursuant to Criminal Warrant Issued Under Stored Communications Act 0

Second Circuit Reverses Lower Court Microsoft Decision and Holds That Email Evidence Stored Abroad Cannot Be Gathered Pursuant to Criminal Warrant Issued Under Stored Communications Act

In a prior post, we reported that Southern District of New York Magistrate Judge Francis determined that Microsoft must comply with a U.S. Government’s warrant seeking a user’s email content, even though the emails are stored in Microsoft’s datacenter in Dublin, Ireland. After the lower court declined to quash the subpoena and held Microsoft in contempt for failing to turn over customer content stored abroad, Microsoft appealed to the Second Circuit. On July 14, 2016 the appeals court issued an extensive opinion reversing the lower court’s ruling.

#Do-Not-Disclose — Twitter Sues Government Alleging Free Speech Violation 0

#Do-Not-Disclose — Twitter Sues Government Alleging Free Speech Violation

Twitter’s ubiquitous 140-character-or-less tweets are not, the company argues, sufficiently similar to email or other forms of stored electronic information to warrant lumping them together with the likes of Google, Microsoft, Facebook, Yahoo!, or Apple, all of which have agreed to restrictive limitations on their public reporting of government surveillance. Twitter has sued the U.S. Government in federal court in California to make its point.

New York Court Rules Email Evidence Stored Abroad is Subject to Criminal Warrant Issued Under Stored Communications Act 0

New York Court Rules Email Evidence Stored Abroad is Subject to Criminal Warrant Issued Under Stored Communications Act

Southern District of New York Magistrate Judge Francis has determined that Microsoft must comply with a U.S. Government’s warrant seeking a user’s email content even though the emails are stored in Microsoft’s datacenter in Dublin, Ireland. The decision is likely to get widespread attention and be the subject of future court review, as it expands the reach of a government criminal warrant beyond the borders of the United States to allow for the collection of evidence abroad.

The Fifth Annual Gibbons E-Discovery Conference Closes With Helpful Guidance on Drafting Records Management Policies 0

The Fifth Annual Gibbons E-Discovery Conference Closes With Helpful Guidance on Drafting Records Management Policies

An effective and up-to-date set of records management policies may help companies reduce the likelihood of sanctions and other adverse consequences by ensuring records are retained and preserved in accordance with legal requirements, according to Gibbons Director Phillip Duffy; TechLaw Solutions’ Northeast Regional Director Michael Landau; and Inventus LLC Senior Consultant Bryan Melchionda.