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.
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