White Collar Principal Hardy and Associate Kendall Author Guest Blog on SCA Searches for Data Stored Abroad for the Federal Tax Crimes Blog
April 25, 2015
In an April 25 guest blog post for Federal Tax Crimes, White Collar Principal and Data Protection/Breach Practice Group Co-Chair Peter D. Hardy and Associate Carolyn H. Kendall examine the Microsoft Appeal in In re Warrant to Search a Certain E-Mail Account, 15 F. Supp. 3d 466 (S.D.N.Y. 2014).
Mr. Hardy and Ms. Kendall note that the appeal, now under consideration by the Second Circuit, arose from a drug investigation and could have substantial consequences for the government’s general ability, through the Stored Communications Act (SCA), to obtain evidence stored abroad. They further explain:
"Such consequences certainly would extend to the continuing efforts by the Department of Justice and the Internal Revenue Service to gather evidence of undisclosed foreign assets held by U.S. taxpayers. The appeal illustrates how increasingly sophisticated technology may curb the government’s investigative options or, alternatively, how creative and aggressive legal claims by the government may allow it to obtain foreign evidence through domestic courts, including emails generated by individuals who do not reside within the U.S."