By

Stephen McInerney

14 March 2017

Google’s Overseas Warrants: A Game of Tug-of-War Over Access to Data

On February 3, 2017, Eastern District of Pennsylvania Magistrate Judge Thomas J. Rueter ordered Google to comply with FBI search warrants to produce emails stored on foreign servers as part of a domestic criminal investigation.  In re Search Warrant No. 16-960-M-01 to Google (E.D. Pa. Feb. 3, 2017).  This ruling comes on the heels of the Second Circuit’s decision in Microsoft Corp. v. United States, 829 F.3d 197 (2d Cir. 2016) (denied rehearing on January 24, 2017), which reached an opposite decision and held that Microsoft could not be forced to turn over user data stored on a server located in Ireland.  (For more background, see Second Circuit Microsoft Ruling: A Plea for Congressional Action (August 8, 2016)).

(more…)

EmailShare
15 February 2017

Chronicles from the Standing Wars: Third Circuit Rules Disclosures of Personal Data in Violation of FCRA De Facto Injury

The Third Circuit recently overturned a district court’s ruling on In re Horizon Healthcare Services Inc. Data Breach Litigation and gave new life to a putative class action over a data breach.  No. 15-2309 (Jan. 20, 2017).  The Third Circuit panel held that allegations of unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (“FCRA”) constituted a de facto injury sufficient to establish Article III standing.  Plaintiffs did not allege identity theft, any other misuse of the compromised data, or even any mitigation costs.

(more…)

EmailShare
XSLT Plugin by BMI Calculator