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U.S. Government Could Compel ISPs to Produce Personal Data Stored Abroad

Client Alert | 1 min read | 05.07.14

As companies and individuals move away from storing information on their own computers into the cloud, concerns about the privacy of personal data in the hands of third party providers are steadily increasing. Recently, the U.S. District Court for the Southern District of New York held that an internet service provider (ISP) can be compelled to produce personal information located outside of the U.S. for purposes of a criminal investigation. If adopted by other courts, this decision would broaden the power of law enforcement agencies to obtain information stored on third-party servers, both domestically and abroad. It also raises significant questions about the constitutional limits on the U.S. government's ability to collect information from ISPs.

Click here to read more about this decision on Crowell & Moring's blog, E-Discovery Law Insights

Insights

Client Alert | 6 min read | 04.18.25

Ready To Know Your Data? DOJ Issues Implementation and Enforcement Guidance for Data Security Program Protecting Bulk Sensitive Data

On April 11, 2025, the U.S. Department of Justice (DOJ) issued guidance regarding the implementation and enforcement of the newly enacted final rule, “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons,” now referred to as the Data Security Program (DSP). The release included an Implementation and Enforcement Policy, a Compliance Guide, and Frequently Asked Questions (FAQs). Collectively, these documents are designed to help entities subject to the DSP understand and comply with the obligations set out under the Final Rule....