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Privacy Paradox

Final Pre-Argument Thoughts on the Microsoft Case

I have blogged a lot over the last two years on the pending case of United States v. Microsoft, the case on whether Microsoft must comply with a search warrant for foreign-stored e-mails. With oral argument scheduled for next Tuesday, I thought I would add a few final thoughts before we finally get a sense of where the Justices might be.

Cyber Command

Separating NSA and CYBERCOM? Be Careful When Reading the GAO Report

The Government Accountability Office last week published a report that, among other things, weighs in on the pros and cons of the NSA/CYBERCOM “dual-hat” system (pursuant to which the director of the NSA/CSS and commander of CYBERCOM are the same person). The report deserves attention but also some criticism and context. Here’s a bit of all three.

1. What is the “dual-hat” issue?

Cross-Border Data

Google Takes the Global Delisting Debate to a U.S. Court

Google filed a complaint this week in the Northern District of California to challenge a Canadian Supreme Court ruling that requires Google to delist—that is, remove from its search results—links to certain offending pages. (I wrote about the Canadian case here.) In short, Google’s attempt to fight a global takedown order in Canada was stymied by the fact that the order did not pose a conflict of laws.

Cross-Border Data

No, The Canadian Supreme Court Did Not Ruin the Internet

Last week, the Canadian Supreme Court upheld a ruling by the Court of Appeal for British Columbia that required Google to delist—remove from its search results—links to a website that appears to violate Canadian law (the result of an intellectual property dispute between Equustek and Datalink that otherwise does not involve Google; for more background on the case, see coverage

Cyber & Technology

2nd Circuit Rules Against US Government in Microsoft Case

The Second Circuit Court of Appeals ruled today in the case Microsoft v. United States, finding that Stored Communications Act "does not authorize courts to issue and enforce against U.S.-based service providers warrants for the seizure of customer e-mail content that is stored exclusively on foreign servers."

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