U.S.-based technology companies and courts across the country have disagreed over the extraterritorial application of the Stored Communications Act in allowing U.S. law enforcement to enforce warrants to reach data stored overseas.  Some courts have treated the data stored overseas as a “physical” object  and, therefore, refused to extend the reach of the Act abroad.  Other courts have found that the Act authorized a warrant for overseas data because the technology company was subject to the court’s jurisdiction and the warrant sought information from the only place the company could access it. Companies have called on Congress to help clarify the issue, and the government has also appealed to the Supreme Court to do the same.

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Photo of Christopher D. Garcia Christopher D. Garcia

Christopher Garcia is a counsel in the Washington, D.C. office of Crowell & Moring, where he is a member of the firm’s Government Contracts Group.

As part of his government contracts practice, Chris conducts internal investigations regarding False Claims Act issues and defends…

Christopher Garcia is a counsel in the Washington, D.C. office of Crowell & Moring, where he is a member of the firm’s Government Contracts Group.

As part of his government contracts practice, Chris conducts internal investigations regarding False Claims Act issues and defends against related government inquiries and investigative demands. Chris also assists clients with technology-related issues, including counseling clients in the areas of patents and data rights, and defending against government challenges to technical data and computer software rights assertions. In addition, Chris performs government contracts due diligence for buyers in transactional matters, representing government contractors in a range of industries. As part of the firm’s State and Local Practice, Chris also counsels clients on state and local procurement issues, including reviewing state and local opportunities, and leading negotiations with government customers regarding contractual terms and conditions. Chris also advises contractors on the federal Freedom of Information Act as well as state-level public records laws. He has counseled contractors in numerous reverse-FOIA actions at the federal and state levels.