Extraterritorial Application of Data Privacy Law

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Presented at BSidesTampa 2019 by

The presentation will briefly outline the Stored Communications Act (SCA) and the practical effects it has on companies that stores data abroad. I will specifically examine the case Microsoft Corp. v United States, the legal tests that have developed from that case and how it interacts and rules on the SCA's scope. I will look at how that case has determined and outlined the government's power in compelling companies to produce information that has been stored on extraterritorial data servers. I will then briefly discuss the weaknesses of the court's ruling and illustrate how the ruling continues to pose a challenge.