Archive 360 Email Archive Migration Blog

Cloud Act May Still Leave Privacy Concerns & Compliance Up in the Air

Posted by James McCarthy, Esq. on March 26, 2018

With bipartisan support of the US., UK and major tech companies, new legislation enacted on March 23, 2018, replaces the outdated 1986 Stored Communications Act.  The Cloud Act[1] was forged out of necessity and fast tracked after a cross border conflict erupted when U.S. authorities sought a subpoena in NY for an Irish national’s emails stored in Ireland. Microsoft promptly filed suit against the United States and the Supreme Court is poised to make a decision in that case after oral argument earlier this year, yet the Justices implored Congress to replace the prior law to avoid a decision predicated on a law that predated cloud- based computing.[2] Fueling the rush to put new laws in place is the fact that tech companies are incurring massive fines by complying with US law enforcement subpoenas that violate the privacy laws of other nations. 

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Topics: Cloud archiving, GDPR, Stored Communications Act, Cloud Act

Santa Seeks Exemption from GDPR

Posted by James McCarthy, Esq. on December 22, 2017

How His New Machine Learning SW is Causing Big Headaches for the North Pole

AP Report--Dublin, Eire December 25, 2017; by James M. McCarthy, General Counsel

Having just rebounded from fallout arising from defending privacy claims involving its controversial practice of sending a special (and just a bit creepy) elf scout from the North Pole to EU homes to help Santa Claus manage his naughty and nice lists[1], NorthPole, Inc., is grappling with a new compliance  problem…GDPR.  Readers will recall that its stock (ST-NIK) took a hit on all exchanges following legal fees and penalties for violations of the EU’s Directive 95/46 and UK’s Data Protection Act, proscribing automated collection of data that occurred in the “Eric the Elf” debacle.  [2] 

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Topics: GDPR


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