Judicial Rulings And Enforcement - Privacy & Cybersecurity Update, Issue 2

DOJ Indicts Chinese Hackers

On May 19, the Department of Justice announced the indictment of five Chinese military hackers for cyber espionage targeting six American companies in the nuclear power, metals, and solar products industries. The indictment is the first of its kind to bring charges for such activity against a state actor.

Parties Seek Review of Magistrate Judge Ruling that Government Can Access Documents Stored Overseas

On April 25, a federal magistrate judge in the Southern District of New York ruled that the government can obtain email and other records from a search warrant issued under the Stored Communications Act that are stored exclusively outside of the United States but under the "possession, custody and control" of a U.S. company. In what will be closely watched proceedings, the matter is set for oral argument before the district court on July 31.