The European Court's decision "underscores that the subject of cross- border data transfers is fraught and easily gives rise to international discord," according to the filing Tuesday. "Accordingly, Congress must be permitted to decide whether the benefits to U.S. federal, state, and local law enforcement of extending ECPA abroad outweighs the risks to U.S. industry and U.S.-EU relations," it added.
The filing also brings to the notice of the court that Congress is considering those costs and benefits. At a Senate Judiciary Committee hearing on Sept. 16 on “Reforming the Electronic Communications Privacy Act,” senators questioned government officials on the risks involved in seizing communications from servers overseas, according to the filing.
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