Unprecedented8 Sep 2017

Big Tech's Fight Over Foreign-Stored Data: A Podcast With Morgan Lewis Partner Mark Krotoski

Duration: 20:01

How far should the arm of the law reach when it comes to data stored overseas?

That's a question that courts continue to struggle with, even after U.S. tech companies scored a landmark win last year in favor of limiting what authorities can obtain when it comes to foreign-stored data.

Prosecutors investigating crimes in their jurisdiction demand access to suspects' emails and other communications no matter where the data is stored. But companies say complying could put them in conflict with the legal privacy frameworks of other countries. Lately, companies like Google Inc. and Yahoo Inc. have been on the losing side of the battle.

More Law.com podcasts

In this podcast, we talk to Morgan, Lewis & Bockius partner and former Department of Justice criminal attorney Mark Krotoski to understand the controversy around the scope of the 1986 Stored Communications Act. What he sees is a novel, technical issue colliding with an ill-fitting legal framework. "Because of that—and because there's no established precedent—you're getting different decisions from different judges," Krotoski says.

Ahead of a U.S. Senate Judiciary Committee hearing on the scope of the law this week, Krotoski says courts are looking to the legislature to help settle the fight—something Google has also called for. "I think most would agree that if Congress weighed in we'd have more clarity as to the limits and guidelines for the collection of data. But until then, we've got this old statute that has to be applied in this new, evolving area."

Denne episoden er hentet fra en åpen RSS-feed og er ikke publisert av Podme. Den kan derfor inneholde annonser.

Episoder(26)

Verbal Threat Received by a Federal Judge - Explicit Content!

Warning: This clip is for a Law.com story. It is a threat made against a Federal Judge. It contains extreme harsh explicit language. Listener discretion is advised.

24 Mar 26s

Trump Sentencing

Trump Sentencing Audio

10 Jan 202532min

We Have Moved!

Hello Unprecedented listeners. We've been in the process of transitioning this podcast to a new home and a new format. From here on out, you can find future episodes of Unprecedented over on the Legal...

30 Mar 20181min

The CFAA, Blockchain, and Why the 'Best Lawyers Would Qualify as Hackers

Alexander Urbelis of New York's Blackstone Law Group describes his unusual career path from getting involved with 2600: The Hacker Quarterly, to becoming a lawyer for the U.S. Army JAG Corps and the...

8 Mar 201851min

David Howard, Microsoft's Head of Litigation: Why Tech Is Fighting the U.S. Government

Microsoft is going head-to-head with the Department of Justice at the U.S. Supreme Court later this month over law enforcement access to data stored overseas. In this episode, David Howard, a former f...

13 Feb 201820min

The Smart Contracts Are Coming: An Interview With Cardozo Law's Aaron Wright

In this special episode of Law.com's Unprecedented podcast, we talk with Aaron Wright, an associate clinical professor at Cardozo Law School in New York City and director of the school's Blockchain Pr...

30 Jan 201811min

Scott Reents: AI, Analytics, and How Cravath Is Embracing Technology

At ALM's upcoming Legalweek conference, one of the major overarching themes is how artificial intelligence will change the practice of law. In this episode of Law.com's "Unprecedented" podcast, we tal...

24 Jan 201831min

Heather Meeker: Big Trends in Open Source Software and the Law

Recent months have seen important legal developments in the open source software world. Large organizations including Facebook, Google and the Linux kernel community have adopted new enforcement polic...

9 Jan 201837min