In a detailed analysis by The New York Times of the recent Microsoft v. U.S. case, Peter Henning looks into the history of the case and the limits that are now on the Stored Communications Act. Henning writes, “The limits of the Stored Communications Act are now on full display, and it will be up to Congress to solve the puzzle of how much protection should be afforded to personal communications while allowing investigators to gather evidence.” However, now that Congress is in recess until early September, “and little prospect of significant legislation in the short time before the presidential election, any major changes will most likely have to wait until after November, and perhaps well into 2017.” He adds, “The question is whether law enforcement agencies can wait months before learning what is needed to obtain electronic information that may be crucial to proving a crime.” (Registration may be required to access this story.) Editor’s note: IAPP VP of Research and Education Omer Tene recently opined about the case’s implications in Privacy Perspectives.
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