Robert Litt co-authored the Lawfare article, “The Commerce Department's Stored Communications Act Problem.” In the article, Robert and co-author Richard Salgado discuss how a rule requiring that Infrastructure as a Service (IAAS) providers disclose customer records to the government without legal process bumps against federal law.
They note that the Department of Commerce’s recently proposed regulations to address cybersecurity attacks impose wide-ranging “know your customer” requirements on providers of IAAS to identify and gather information about foreign customers. This requirement appears to conflict with federal statutory law, namely the Stored Communications Act (SCA), enacted in 1986 to establish privacy protections for customer and user information held by providers of electronic communications services (ECS) and remote computing service (RCS), and to encourage development of new and innovative forms of computer technology.
Read the full article.
