42 Years of Impactful Scholarship

Volume 42, Issue 1

Rethinking the Extraterritorial Scope of the United States' Access to Data Stored by a Third Party

Can the United States government enforce a warrant to compel an American Internet service provider (“provider” or “ISP”) to surrender a customer’s data that are stored in another country? Should it be able to do so? This Note focuses on United States v. Microsoft, a case that was before the Supreme Court that addressed this question. However, before the Court made a ruling, Congress passed the Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”) as part of an omnibus bill, which gave a legislative solution to this issue. Building off of the CLOUD Act, this Note also proposes a version of that bill that considers the competing interests of law enforcement, users, other countries, and technology companies, rather than only physical location.

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Recommended Citation:
Sabrina A. Morris, Rethinking the Extraterritorial Scope of the United States' Access to Data Stored by a Third Party, 42 Fordham Int'l L.J. 183 (2018). 
Available at: https://ir.lawnet.fordham.edu/ilj/vol42/iss1/6