Friday, July 29, 2011

Foreign Applicant's Request to Intercept Emails "Manifestly Contrary" to U.S. Policy

http://ow.ly/5QpwM

In re Toft, No. 11-11049 (ALG), 2011 WL 3023544 (Bankr. S.D.N.Y. July 22, 2011)

In this case, the U.S. Court refused to enforce a German Court order that would have allowed the applicant to intercept certain emails, stating that it would be a violation of U.S. law, and would be "Manifestly Contrary" to U.S. policy.  The data in this case resided on servers in the U.S. and the Court stated it would be a violation of the Wiretap Act, and certain portions of the Electronic Communications Privacy Act, to enfore this German Court order.

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