Gardere partner Peter S. Vogel, chair of the firm’s internet, eCommerce and technology group, was quoted in Law360’s article on the U.S. Supreme Court’s decision to hear the Microsoft Ireland case, raising the issue of law enforcement’s ability to reach data stored across national borders. Law360 reported that the case presents the justices their most significant chance to date to weigh in on the scope of the Stored Communications Act.
According to Vogel, the high court had the opportunity to tackle issues related to the more than 30-year-old statute in the 2010 case, City of Ontario, California v. Jeff Quon. In that case, the justices held that the city did not violate Quon's Fourth Amendment rights when it searched his text messages to investigate over usage concerns because its search was reasonable, but did not reach the issue of whether the SCA permitted such a search.
"Many were disappointed in 2010 that the justices did not rule on the issue then, so here's a chance to get a Supreme Court ruling on the intent of a 1986 statute in 2017," Vogel said, adding that he anticipates that this decision would focus on the question of whether or not the country where the data originates is the country whose law applies.
Subscribers can access the full article here.