Adapting Old Laws to New Technologies

[Commentary] American law enforcement officials cannot get evidence located in other countries without the help of foreign governments. But can an American company be ordered by a court to turn over information stored on computer servers located in another country?

The Federal District Court for the Southern District of New York will consider that question in a narcotics case in which federal prosecutors want access to a Microsoft e-mail account stored in Ireland. The case raises difficult questions about the reach of domestic law and the Internet’s global nature. It also points to significant gaps in American laws, which do not address how data stored abroad should be treated. Privacy protections clearly need to apply even in the age of cloud computing. That is why Congress must make sure that the law keeps up with the times.