Government Affairs Blog

July 19, 2016

HOW WILL THE MICROSOFT EMAIL RULING IMPACT COMMUNICATION PROVIDER COOPERATION WITH LAW ENFORCEMENT?

On July 14th the Second Circuit Court of Appeals issued a ruling in the case of Microsoft v. US that could impact all communication service providers (CSPs) that store communications content (e.g. email or voice mail). The ruling held that if a U.S. law enforcement agency (LEA) serves a valid warrant on a CSP to obtain a criminal suspect’s email content, and the CSP stores the content on a server outside the U.S., the CSP must not disclose the information.

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June 22, 2016

HOW THE OPEN INTERNET RULING IMPACTS CALEA

Earlier this month the D.C. Court of Appeals upheld the Open Internet Order, a rulemaking by the Federal Communications Commission that imposed non-discrimination standards on broadband Internet access providers (“ISPs”). Some of the more prominent ISPs are Comcast, Earthlink, and Verizon. The Court’s ruling did not address the CALEA lawful surveillance statute, but indirectly it made CALEA’s legal coverage of ISPs more secure.

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May 24, 2016

WHEN LAW ENFORCEMENT OBTAINED AN ENCRYPTION KEY TO PRIVATE COMMUNICATIONS

A recent criminal prosecution revealed that Canadian law enforcement obtained a key to decrypt certain private communications of Blackberry devices. Was the action lawful? Did it compromise privacy?

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April 25, 2016

SHOULD A SERVICE PROVIDER NOTIFY CUSTOMERS WHEN THEY ARE SUBJECT TO LAW ENFORCEMENT INVESTIGATIONS?

Ready for the latest privacy law challenge by an American Internet giant against American law enforcement? This time the tech giant is Microsoft. The lawsuit claims a non-disclosure rule in the Electronic Communications Privacy Act (ECPA) is unconstitutional. And the controversy could impact all communication service providers (CSPs).

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April 11, 2016

PROPOSED FCC PRIVACY RULES MAY ADD LIABILITY FOR ERRORS IN LAWFUL SURVEILLANCE

If an ISP compromises subscriber privacy or cyber security when assisting a law enforcement investigation it may incur liability under the Electronic Communications Privacy Act (ECPA). That same type of mistake may soon trigger fines from an additional source: the Federal Communications Commission.

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