Email Privacy Case Dismissed Following Passage of CLOUD Act

Email Privacy Case Dismissed Following Passage of CLOUD Act

WASHINGTON — The Supreme Court yesterday dropped a case on its docket that probed whether emails and other data stored overseas are subject to U.S. search warrants.

Justices ditched the case after the CLOUD Act was signed into law in late March.

The piece of legislation was buried deep in a $1.3 trillion spending bill and makes clear that warrants can apply to data that U.S.-based companies store around the world. 

“The CLOUD Act forces U.S. companies to provide user data and communications requested by subpoena or search warrant, regardless of where the information is stored,” industry attorney Lawrence Walters told XBIZ. “Previously, a court ruled that Microsoft was not required to provide emails stored on foreign servers when requested by a U.S. warrant.

“The case was set to be heard by the U.S. Supreme Court, however passage of the CLOUD Act mooted the legal challenge. 

Walters said that many privacy advocates have criticized the law as not being sufficiently protective of Fourth Amendment rights over searches and seizures, and subject to abuse by those seeking information about citizens of foreign countries who may have more robust privacy rights in the data.

“While the Act does not target adult industry operators, it should be clear that data cannot be hidden on foreign servers operated by U.S. companies,” Walters said. “Such data is now subject to search in response to a proper subpoena or warrant directed to a U.S. service provider.”

And that warrant must be based on probable cause, industry attorney Paul Cambria told XBIZ. "That lets them go beyond the shores to acquire the data."

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Pre-Nominations Now Open for 2026 TEAs

The pre-nomination period for the 2026 Trans Erotica Awards (TEAs) is now open.

FSC Releases Updated Age-Verification Toolkit

The Free Speech Coalition (FSC) has announced the release of its updated age verification toolkit.

Duke Tax Joins Pineapple Support as Supporter-Level Sponsor

Duke Tax has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

UK Moving Ahead with Plan to Outlaw 'Choking' Content

The U.K. government has announced its intent to follow through on criminalizing “choking” content, a plan that was announced earlier this year.

Italy to Require Age Verification for Adult Sites

Italian media regulator AGCOM has announced that all sites and platforms hosting adult content will be required to implement age verification systems starting Nov. 12 to prevent access by users under 18.

'MILFlicious' Launches Through YourPaysitePartner

MILFlicious.com has officially launched through YourPaysitePartner (YPP).

Op-Ed: The Guardian's XBIZ Amsterdam Podcast Dismisses Creators' Experiences

British newspaper The Guardian’s podcast coverage of XBIZ Amsterdam 2025 purports to investigate the power dynamics of today’s online adult industry. Instead, it ignores creators’ voices, airs tired and outdated preconceptions about the business, and rehashes the unsupported claims of anti-pornography crusaders.

Eva Maxim, BranditScan Launch 'Killer' Promo

Eva Maxim and BranditScan have partnered for the Killer Creator Giveaway promotion.

2026 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2026 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 14 in conjunction with the XBIZ 2026 digital media conference.

AEBN Publishes Report on POV Trends

AEBN has published a report on POV and gonzo categories from its straight and gay theaters.

Show More