Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Stored Communications Act

Case of the Day: Microsoft v. United States

Posted on July 18, 2016

The case of the day is Microsoft Corp. v. United States (2d Cir. 2016). The government issued a subpoena to Microsoft under the Stored Communications Act, 18 U.S.C. §§ 2701 et seq. The subpoena sought the production of data that was stored on servers in Ireland. The holding of the case is that in these circumstances, the government had to proceed by request to the Irish government under the US/Ireland MLAT. A warrant under the SCA has no extraterritorial application.

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Case of the Day: CTB v. Twitter, Inc.

Posted on May 23, 2011

The case of the day, CTB v. Twitter, Inc., comes to Letters Blogatory courtesy of a hat-tip from the Trial Warrior Blog. “CTB” is a pseudonym for a British soccer player (I wouldn’t have any particular compunction about reprinting the name if I knew it, but I don’t). CTB sued a British newspaper and the model Imogen Thomas seeking an injunction to prevent the naming of CTB in the media in connection with an allegation that he had had an affair with Ms. Thomas. The court granted the injunction, relying on Article 8 of the European Convention on Human Rights, which guarantees the right to privacy. Unsurprisingly, after the court issued the injunction, Twitter users publicized CTB’s name in connection with the allegations all…

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