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

AEBN Publishes Popular Searches for March, April

AEBN has announced the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Takedown Piracy Adds 'Search Max' Feature

Takedown Piracy has launched Search Max, a search engine for detecting, verifying, and removing Google infringements.

Sex Workers' Group Fights Proposed Swedish Ban on 'Remote' Sexual Services

The European Sex Workers’ Rights Alliance (ESWA) has launched a campaign against a Swedish government proposal to expand current laws against purchasing sexual services to apply to acts performed remotely by cammers, streamers and custom content creators.

FSC: Arizona Governor Signs Controversial Age Verification Law

Free Speech Coalition has released a statement regarding Arizona Governor Katie Hobbs signing the state's age verification bill into law.

NCOSE Sues 4 Adult Websites Under Kansas Age Verification Law

The National Center on Sexual Exploitation (NCOSE), a conservative anti-pornography organization, has sued four adult websites in Kansas under the state's age verification law.

Sarina Havok, Robin Coffins Launch New Site Through Grooby's Blue.xxx

Sarina Havok and Robin Coffins have launched their new membership site, SarinaAndRobin.com, through Grooby's website management company Blue.xxx.

SpankChain Pauses SpankPay, SpankMatch

SpankChain has paused SpankPay, its adult crypto payment platform, and SpankMatch, its adult networking platform.

Sen. Mike Lee Tries Again to Criminalize All Porn With Interstate Obscenity Definition Act

Republican Senator Mike Lee of Utah has introduced the Interstate Obscenity Definition Act, which would redefine almost all visual depictions of sex as obscene and therefore illegal.

Ofcom Investigates 2 Adult Sites for AV Noncompliance

U.K. media regulator Ofcom is investigating two adult sites for failure to comply with age assurance requirements under the Online Safety Act, which Ofcom is charged with enforcing.

MojoHost to Launch New GPU Servers

MojoHost has announced plans to launch new GPU servers for its clients.

Show More