Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
By Jimmy H. Koo
• Where Google may store relevant data at given moment doesn’t trigger extraterritoriality woes
• To date only one appeals court has held records stored outside U.S. are out of reach
Alphabet Inc.'s Google failed June 30 to convince a federal trial court that it should amend a search warrant to only require the company to produce emails stored in the U.S. ( In re: Two email accounts stored at Google, Inc, E.D. Wis., No. 17-M-1235, 6/30/17).
Google sought to amend a search warrant filed under seal that seeks emails from two Google user accounts. The company wanted to limit the reach of the warrant to information stored in data centers within the U.S.
Magistrate Judge William E. Duffin of the U.S. District Court for the Eastern District of Wisconsin said that the warrant is directed toward a company that is within the reach of the court, and that the location where Google may store relevant data at a given moment “does not implicate extraterritoriality concerns.”
The warrant, issued under the Stored Communications Act, sought Google customer communications stored both inside and outside the U.S. Seeking to limit the scope of the warrant, Google argued that Congress didn’t intend the SCA toapply outside the U.S. The court should “leave to Congress the legislative responsibility of amending the SCA,” Google said.
The court said that a “warrant is an order compelling action by a service provider, and the service provider, not the data, is the relevant subject that the court must reach for the order to be effective.”
The court said that the U.S. Court of Appeals for the Second Circuit is the only court to hold that records stored in data centers located outside the U.S. are out of reach for U.S. courts. Other trial courts outside the Second Circuit have ordered the release of emails stored abroad, the court said.
The Second Circuit’s opinion is under challenge by the government. The Department of Justice June 23 requested that the U.S. Supreme Court review the Second Circuit’s ruling that Microsoft need not turn over emails stored in Ireland.
By Jimmy H. Koo
To contact the reporter on this story: Jimmy H. Koo in Washington at email@example.com
To contact the editor responsible for this story: Donald Aplin at firstname.lastname@example.org
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)