Two members of Gardere’s cybersecurity and privacy legal services team, group co-chair Peter Vogel and senior attorney Edward Block, were quoted in Corporate Counsel on the U.S. v. Microsoft case and whether domestic search warrants can be applied to oversees data.
“The Supreme Court has never really addressed how the Stored Communications Act applies to internet service providers and certainly not emails, including failing to mention the SCA in the 2010 case of Quon v. City of Ontario, in which the 9-0 ruling concluded that employees that use employers’ devices to access remote emails and text messages are not entitled to constitutional privacy,” explained Vogel and Block. “So, this Microsoft case appears to have significance as to how the Supreme Court views ownership and possession of emails (and text messages). Some critics suggest that depending on the ruling from the Supreme Court, Congress may take on an effort to reform or replace the SCA.”
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