The lag time between when a request is made and data is actually produced means that information may not be produced in time to be useful.
The recipient foreign government then accesses the data based on its own substantive and procedural standards—standards that are generally lower than that of probable cause review by an independent judge. law enforcement will be unable to get data needed for the investigation of local crimes, simply because of where the data happen to be stored.
Furthermore, the potential costs to security are concerning. The United States only has mutual legal assistance treaties with about one-third of the world’s countries.
warrant authority only extends to stored communications content (like emails) that are physically located in the United States—even if U. law enforcement is seeking access to the data of a U. resident in the investigation of a local crime, and the only It is an outcome that makes little sense, which in fact appears to be the one thing that all sides of the case agree on.
The case stems back to December 2013, when the government, as part of an investigation into a narcotics case, served a warrant pursuant to the Electronic Communications Privacy Act on Microsoft for emails associated with a particular account.
Although the magistrate and district court judge sided with the government, in July a panel of the 2 Circuit ruled that the ECPA does not have extraterritorial application, meaning it does not apply to searches and seizures that take place outside the United States This part was uncontroversial.