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First Amendment Stored Communications Act

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Saul Ewing LLP

D.C. Circuit Curbs Investigative Use of Omnibus Non-Disclosure Orders Under Stored Communications Act

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In a rare appellate ruling regarding the breadth of Section 2705 of the Stored Communications Act (“SCA”), the U.S. Court of Appeals for the D.C. Circuit held the government could not use a broad, prospective nondisclosure...more

Cozen O'Connor

Notice of Appeal - Spring 2020

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Background - A Company received a grand jury subpoena under the Stored Communications Act (“SCA”) seeking information about an employee of one of the Company’s customers, who was the target of a criminal investigation. The...more

Ballard Spahr LLP

News Organizations Win Release of Search Warrant Materials in Michael Cohen Cases

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Holding that search warrants issued under the Stored Communications Act are subject to a "common law presumption of access," the chief judge of the U.S. District Court for the District of Columbia has unsealed five search...more

Morrison & Foerster LLP

Microsoft Claims Victory in Challenge to DOJ’s Practice of Seeking “Gag Orders” under the Stored Communications Act

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Last week, the Department of Justice (DOJ) announced a new policy that significantly restricts its practice of seeking non-disclosure orders under the Stored Communication Act (SCA), 18 U.S.C. § 2705(b), in connection with...more

Fenwick & West LLP

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

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The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

BCLP

Airbnb Files Suit to Enjoin San Francisco Law

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As expected, Airbnb filed suit in the U.S. District Court for the Northern District of California on Monday seeking to enjoin the recently enacted amendments to the City’s so-called “Airbnb law.” The suit seeks to strike...more

Latham & Watkins LLP

Are Changes in Store for the Stored Communications Act?

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Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

Nossaman LLP

Public Employees’ Facebook “Like” Is The Internet Equivalent Of A Political Yard Sign

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The courts are taking steps to protect communications made via social media; e.g., Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013) (holding that private Facebook posts are protected...more

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