In a recent decision, the Ninth Circuit held that "the ECPA unambiguously applies to foreign citizens." In Suzlon Energy Ltd. v. Microsoft, Suzlon Energy demanded Microsoft to produce emails from the Hotmail email account of an Indian citizen imprisoned abroad. The district court held that the Electronic Communications Privacy Act ("ECPA") prohibited Microsoft from producing the documents even though the individual was not a U.S. citizen. The Ninth Circuit affirmed.
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The June 18, 2008 Ninth Circuit panel decision in Quon et al. v. Arch Wireless et al., No. 07-55282 (9th Cir. June 18, 2008) has sparked a flurry of news reports and speculation regarding employers’ ability to monitor employees’ e-mails and text messages. In fact, the decision appears to change very little for private employers who … Continue Reading
In a decision that will significantly impact the ability of the government to access electronic communications, the United States Court of Appeals for the Sixth Circuit on June 18, 2007, affirmed a district court’s issuance of a preliminary injunction prohibiting governmental entities from obtaining Internet Service Providers’ (“ISP”) subscribers’ e-mail communications unless the subscriber first … Continue Reading
Last month, a group of eight Republican lawmakers introduced H.R. 837, the Internet Stopping Adults Facilitating the Exploitation of Today's Youth (SAFETY) Act 2007. The bill would give the Attorney General very broad authority to enact rules requiring Internet Service Providers ("ISPs") to retain records so law enforcement could access their customers' online activities.
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