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Court: U.S. ECPA Covers Noncitizens

PRIVACY LAW

October 4, 2011

A federal court has ruled that individuals who are not citizens of the U.S. are covered under the protections provided by the Electronic Communications Privacy Act (ECPA), Courthouse News reports. An Indian-based company wants Microsoft to disclose the e-mails of an individual accused of fraud in Australia, but the 9th Circuit Court has ruled that the defendant's e-mail account is protected under ECPA. One judge wrote that "this case ultimately turns on the plain language of the relevant statute" and the "plain language" is the term "any person." Meanwhile, the U.S. Supreme Court will not review a California Supreme Court case that upheld law enforcement's right to search suspects' cell phones without a warrant. Editor's note: The IAPP will host the Web conference How to Craft Plain Language Privacy Notices on Thursday at 1 p.m. ET.
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