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

NextGen Payment Joins ASACP as Corporate Sponsor

NextGen Payment has signed on as the latest corporate sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lauren Phillips, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2025.

XBIZ 2026 Conference to Debut All-New Company Lounges, Community Track

The event website for XBIZ 2026 is now live, unveiling details for North America’s largest adult industry conference, including two all-new show features: Company Lounges and a Community Track.

Mymember.site Integrates VR Functionality

Mymember.site has added virtual reality playback capability to its website management platform.

Texas Patti to Launch Fetish Platform 'EmpireDom'

Performer and content creator Texas Patti is launching a new platform for doms and fetish creators, EmpireDom.com.

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Chaturbate Announces 2025 Music Contest Winners

Chaturbate has revealed the winners of its 2025 music competition.

2026 XBIZ Exec Awards Pre-Noms Open With Debut of New 'Impact' Honors

XBIZ is pleased to announce that the pre-nomination period for the 2026 XBIZ Exec Awards, the adult industry’s premier career honor, begins today and runs through Oct. 14.

MYM Rolls Out New Traffic Features for German Creators

German platform MYM has launched a new traffic system for its creators.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

Show More