U.S. Justices to Weigh Search Warrant Power Outside Domestic Borders

U.S. Justices to Weigh Search Warrant Power Outside Domestic Borders

WASHINGTON — In a high-stakes battle over digital privacy, the U.S. Supreme Court agreed yesterday to hear a case concerning the reach of warrants issued for electronic communications stored abroad.

The case could have a significant impact on privacy rights for the adult entertainment industry, according to industry attorney Lawrence Walters of Walters Law Group.

In the case, justices will decide whether an email service provider must surrender email communications held in foreign countries for which a warrant was issued.

The federal government, which urged the justices to take the case, said U.S.-based service providers should comply with orders issued by American courts, even in cases where the relevant material is held abroad.

Walters told XBIZ that the case, titled In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft Corp., involves another attempt by the courts to apply old law to new technology. 

“The law at issue is the Stored Communications Act (SCA), which protects the privacy of both user data and the content of user communications,” Walters said. “When the government wants user data, it need only issue a subpoena. When faced with a subpoena, a company is ordinarily obligated to turn over all information the company controls, regardless of where that information might be located.

“However, when the government seeks the content of stored communications, it must obtain a warrant, issued by a judge,” he said. “That brings in a whole different body of case law, which focuses on the physical location of the property sought by the warrant.”

This case got its wheels in December 2013 when federal investigators obtained a warrant for emails held at Microsoft’s datacenter in Dublin, Ireland, under the Stored Communications Act (SCA).

Microsoft refused to comply with the order. Later, on appeal, the 2nd U.S. Circuit Court of Appeals sided with Microsoft, prompting the Justice Department to seek high court review.  

“The 2nd Circuit said that the SCA cannot be applied extraterritorially, so Microsoft did not have to turn over information stored in Ireland,” Walters said. “The decision has been criticized by some as failing to grasp the unique nature of cloud-stored data, which is often fragmented and not in a stable ‘location.’”

Walters emphasized that the case, if reversed, could chip away at privacy rights, particularly for the adult biz.

“Some adult cam networks, hosts and social networking sites store data overseas, thus putting the content of their users’ communications potentially out of reach of U.S. law enforcement, if the decision is upheld,” he said. “However, if the decision is reversed, the location of data stored in the cloud could become irrelevant, thus subjecting the content of communications to government review, if supported by a proper warrant.

“Given the significant impediment to law enforcement that would result if the case is affirmed, I suspect the SCA would be amended to make clear that it is intended to apply extraterritorially.”

Industry attorney Marc Randazza of Randazza Legal Group told XBIZ if the Supreme Court reverses the 2nd Circuit's finding as to the application of the SCA, "it would only mean a return to the former status quo, rather than a significant change in the law as the adult entertainment industry knew it."  

"Given the current legislative and enforcement climate, however, especially with attempts to weaken the protections of the Communications Decency Act, a reversal of the decision could make life more difficult for members of the adult entertainment industry," Randazza said.

Justices will hear arguments next year and later decide the case.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Octavia Red Toplines 'Her Secret' From Sweet Sinner

Octavia Red headlines "Her Secret," from Mile High Media studio imprint Sweet Sinner.

Emma Rose, Adult Time Collab for Introspective Journey in 'Discovering Myself'

Not everyone gets to tell their story to the world. But then again, not everyone is twice-crowned XMA Trans Performer of the Year Emma Rose.

Monster Cocks Relaunches Site

Pleasure brand Monster Cocks has relaunched its website.

Sportsheets Releases New Training Video for 'Ex's & Oh's' Line

Sportsheets has released its latest training video, titled "Ex's & Oh's Product Training," hosted by Brand Ambassador Rin Musick.

Nobü Introduces 3 Wand Massagers

Nobü is expanding its Essentials collection with three new mini wand massagers.

Svakom Debuts 'Echo 2' Finger Vibe

Svakom has introduced its Echo 2 finger vibrator.

Cherry Kiss, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2024

AEBN has revealed its most popular performers in gay and straight theaters for the fourth quarter of 2024.

Male Power Debuts 'Go Wild!' Collection

Male Power has introduced its new Go Wild! collection of men’s underwear.

A Golden Night in Hollywood: 2025 XMAs Shine on Adult Entertainment's Best

To paraphrase the unofficial U.S. Postal Service motto: Neither rain nor cold nor the chaos of natural disasters can stop members of the adult entertainment community from the completion of their appointed duty every January: to honor the artistic and commercial achievements of their peers.

XBIZ Expo Wraps Vibrant Weekend of New Product Reveals, Vendor-Buyer Meetings

XBIZ Expo kept the party going on the mezzanine level of the Loews Hollywood Hotel through the weekend, closing out with a final day that proved to be no less spirited an affair than the days preceding.

Show More