Year: 2015 (Vol. 39)
Topics: Criminal Procedure; International Law
Question presented:
- Whether 18 U.S.C. § 2703(a) permits a United States District Court to issue a search warrant for electronic files stored by American Internet service providers on servers located in a foreign country.
Format: Word and PDF
Prepared by: Michael Lombardi
Preemption Notice!
In March 2018, Congress passed the CLOUD Act, requiring U.S.-based providers to disclose records, regardless if they are stored in a foreign country. 18 U.S.C. § 2713 (“A provider of electronic communication service or remote computing service shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a customer . . . regardless of whether such communication, record, or other information is located within or outside of the United States; see also United States v. Microsoft Corp., 584 U.S. 236 (2018).