Not an Ocean Away, , Only a Moment Away: A Prosecutor's Primer for Obtaining Remotely Stored Data

Date

2021

Journal Title

Journal ISSN

Volume Title

Publisher

Mitchell Hamline Law Review

Abstract

This Article provides an overview of the Stored Communications Act (SCA), the trajectory of Fourth Amendment jurisprudence since the SCA’s passage, relevant provisions of the Clarifying Lawful Overseas Use of Data (CLOUD) Act, and bilateral agreements following the enactment of the CLOUD Act. This Article uses real-life scenarios that prosecutors and law enforcement face to explore the potential pitfalls of accessing remotely stored data and proposes possible solutions to those problems. Examples include practices for obtaining domestically stored data, obtaining internationally stored data via the CLOUD Act agreement or mutual legal assistance treaty (MLAT), obtaining internationally stored data in the absence of the CLOUD Act agreements or MLATs, and obtaining data stored in extraterrestrial locations.

Description

Keywords

stored data, law, prosecution, law enforcement, access

Citation

Peters, R. J., Loy, A. D., Osteen, M., Remy, J., & Fitzsimmons, J. (2021). Not an Ocean Away, Only a Moment Away: A Prosecutor's Primer for Obtaining Remotely Stored Data. Mitchell Hamline Law Review, 47(3), 6.

DOI