United States v. Microsoft

Latest in United States v. Microsoft

Cross-Border Data

The Microsoft-Ireland Case: A Supreme Court Preface to the Congressional Debate

In our interconnected world, the electronic data that we create may be stored far away from us, without regard for national boundaries. If our data become relevant to legitimate law enforcement investigations, the borderless nature of digital data can create obstacles for government investigators and the tech companies who receive government requests for their customers’ electronic data. Yet, efforts to overcome these barriers must address the tension between the needs of law enforcement and the rights of individuals.

Cross-Border Data

Mueller’s Indictment of Russian Hackers Highlights the Stakes of the Microsoft Case

Robert Mueller’s indictment of Russians suspected of interfering in the 2016 presidential elections is remarkable for a number of reasons. It is remarkable because it suggests that Mueller’s team was able to identify the organizational structure of a group of Russians who were acting in a manner deliberately designed to appear organic and not coordinated.

Cross-Border Data

The CLOUD Act: A Welcome Legislative Fix for Cross-Border Data Problems

Lawfare readers are familiar with the perennial regulatory challenge of determining which country’s law enforcement agents ought to be able to access internet data stored in the cloud. This is a considerable problem in two distinct contexts: (1) American law enforcement officers seeking access to data held abroad and (2) law enforcement officers around the world seeking access to data held by American firms.

U.S. Supreme Court

Microsoft Challenged the Wrong Law. Now What?

The Supreme Court recently agreed to hear an important electronic privacy case, United States v. Microsoft, on whether Microsoft has to comply with a United States search warrant for email stored by Microsoft on a server in Ireland. I’m going to explain in this post why I think the case comes to the court with a major problem. Specifically, Microsoft brought its challenge under the wrong statute.

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