Email Privacy Case Dismissed Following Passage of CLOUD Act

Email Privacy Case Dismissed Following Passage of CLOUD Act

WASHINGTON — The Supreme Court yesterday dropped a case on its docket that probed whether emails and other data stored overseas are subject to U.S. search warrants.

Justices ditched the case after the CLOUD Act was signed into law in late March.

The piece of legislation was buried deep in a $1.3 trillion spending bill and makes clear that warrants can apply to data that U.S.-based companies store around the world. 

“The CLOUD Act forces U.S. companies to provide user data and communications requested by subpoena or search warrant, regardless of where the information is stored,” industry attorney Lawrence Walters told XBIZ. “Previously, a court ruled that Microsoft was not required to provide emails stored on foreign servers when requested by a U.S. warrant.

“The case was set to be heard by the U.S. Supreme Court, however passage of the CLOUD Act mooted the legal challenge. 

Walters said that many privacy advocates have criticized the law as not being sufficiently protective of Fourth Amendment rights over searches and seizures, and subject to abuse by those seeking information about citizens of foreign countries who may have more robust privacy rights in the data.

“While the Act does not target adult industry operators, it should be clear that data cannot be hidden on foreign servers operated by U.S. companies,” Walters said. “Such data is now subject to search in response to a proper subpoena or warrant directed to a U.S. service provider.”

And that warrant must be based on probable cause, industry attorney Paul Cambria told XBIZ. "That lets them go beyond the shores to acquire the data."

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

New EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Spicerack Launches 'SpicyFanz' Creator Monetization Platform

Adult product marketplace Spicerack Market has launched its SpicyFanz creator monetization platform.

Singapore Livestreamer Jailed for Performing 'Obscene Acts' in Public

A judge in Singapore on Thursday sentenced a Vietnamese woman to three weeks in jail for livestreaming “obscene acts” from a public area.

FSC Withdraws Support for North Dakota AV Bill

The Free Speech Coalition (FSC) has withdrawn its support for an age verification bill in North Dakota, following changes made by the state legislature.

APClips Launches New Blog

APClips has launched a blog, AmateurPorn.com.

Centrobill Launches 'Max' Payment Suite

Payment processing service Centrobill has launched its new Max Suite toolkit.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters by country in December and January.

South Dakota Legislators Debate AV Legal Strategies

The South Dakota state Senate Judiciary Committee on Tuesday heard testimony and debate over two competing age verification bills, in a hearing that focused largely on which piece of legislation could best withstand potential legal challenges.

Mobile OnlyFans Management Platform 'TopCreator' Launches

Mobile OnlyFans management and chat platform TopCreator has launched.

JustFor.fans Marks Its 7th Anniversary With Palm Springs Conference

JustFor.fans is celebrating its seventh anniversary with a four-day conference and party in Palm Springs May 18-21.

Show More