E-Commerce Law and Policy spoke with Partner Peter S. Vogel, chair of the Firm’s internet, e-commerce and technology team, about Microsoft’s recent victory in the U.S. Court of Appeals for the Second Circuit. The court found that the U.S. Stored Communications Act of 1986 does not authorize courts to obtain U.S. companies’ customer email content that is stored on foreign servers.
“Law enforcement may look to MLATs (Mutual Legal Assistance Treaties) given this ruling since the MLATs contemplate different governments sharing information in criminal cases,” said Mr. Vogel. “Also, with the advent of increased cybercrime, it is possible that law enforcement may work harder to allow access between countries.”
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