Part I: Background
During the era when the Sony Walkman birthed the personal audio revolution, Nintendo Entertainment Systems appeared on American shores, and Gordon Gekko made wireless phone calls on his chunky mobile phone, the 99th United States Congress passed the Stored Communications Act (SCA). Enacted in 1986, the SCA governs U.S. authority to compel disclosure of electronic communications or data stored with a service provider.
Fast forward two decades, the gap between advancements in technology and legislation became readily apparent when a federal appeals court, the United States Second Circuit, decided on July 14, 2016, that U.S. law enforcement could not compel a U.S. Cloud Service Provider (CSP) to disclose Content Information (e.g., emails) stored abroad with a U.S. search warrant.