Brad Smith Archives - Microsoft & Data Law

Mar 21, 2018 | Brad Smith Reforming Laws |The New York Times

Don’t Let Criminals Hide Their Data Overseas

Congress is now considering long-overdue legislation that authorizes faster access to internationally stored electronic data needed to prosecute serious crime and disrupt terrorist plots in the United States, Britain and elsewhere. The legislation, the Clarifying Lawful Overseas Use of Data Act, or Cloud Act, would preserve law and order, advance the United States’ leadership in cybersecurity, ease restrictions on American businesses and enhance privacy standards globally. This is a priority for both of our governments

Feb 27, 2018 | Brad Smith | Microsoft’s Search Warrant Case

A problem Congress should solve

Today we’ll make our arguments before the U.S. Supreme Court in what everyone agrees is an important case for privacy rights around the world, for international relations, and for building trust in the technology we all rely on every day.

Feb 27, 2018 | Brad Smith | Microsoft’s Search Warrant Case|The Washington Post

Supreme Court grapples with access to globalized data in U.S. investigations

The Supreme Court on Tuesday wrestled with a digital-age legal quandary: Can the U.S. government use a warrant to compel a U.S. company — in this case, Microsoft — to turn over data stored in a server overseas?

Feb 27, 2018 | Brad Smith | Microsoft’s Search Warrant Case|McClatchy Washington Bureau

Tech sector frets it could face fallout if Microsoft case erodes privacy protections

A lawyer representing Microsoft went before the Supreme Court Tuesday and helped justices decipher the mysteries of the internet and how data is retrieved around the world in a case involving Microsoft and a data center it owns in Europe.

Feb 27, 2018 | Brad Smith | Microsoft’s Search Warrant Case|ABC News

Justices look at how older law applies to internet cloud

The Supreme Court on Tuesday explored what happens when a decades-old law meets 21st century technology.

Feb 14, 2018 | Brad Smith Reforming Laws | Clarifying Lawful Overseas Use of Data (CLOUD) Act|The New York Times

Don’t Let Criminals Hide Their Data Overseas

Congress is now considering long-overdue legislation that authorizes faster access to internationally stored electronic data needed to prosecute serious crime and disrupt terrorist plots in the United States, Britain and elsewhere. The legislation, the Clarifying Lawful Overseas Use of Data Act, or Cloud Act, would preserve law and order, advance the United States’ leadership in cybersecurity, ease restrictions on American businesses and enhance privacy standards globally. This is a priority for both of our governments.

Feb 12, 2018 | Brad Smith Reforming Laws | Clarifying Lawful Overseas Use of Data (CLOUD) Act|Axios

An essential plan for gathering global data

There's a solution in Congress that will help law enforcement gather electronic evidence, often stored on servers abroad, while reducing conflicts of law facing cloud storage providers: the Clarifying Lawful Overseas Use of Data (CLOUD) Act.

Jan 19, 2018 | Brad Smith | Microsoft’s Search Warrant Case|Roll Call

In Supreme Court Privacy Case, Lawmakers Side With Microsoft

Five lawmakers told the Supreme Court on Thursday that Congress didn’t intend for an electronic privacy law to authorize the government’s seizure of data overseas and say interpreting it differently could have “dangerous repercussions” for future legislating.

Jan 19, 2018 | Brad Smith | Microsoft’s Search Warrant Case|Gizmodo

Nearly Everyone Backs Microsoft in Landmark Email Privacy Case—Except the DOJ

Microsoft’s landmark email privacy case is set to go before the Supreme Court next month, and the company has received widespread support from other tech giants, members of Congress, and foreign governments. One party that opposes Microsoft’s move? The Department of Justice.

Jan 19, 2018 | Brad Smith | Microsoft’s Search Warrant Case|GeekWire

Tech giants and elected officials back Microsoft in Supreme Court case on international data privacy

Microsoft is set for a Supreme Court face-off with the U.S. Department of Justice next month over the privacy of emails stored abroad, and some of the world’s biggest tech giants as well as elected representatives in the U.S. and Europe are lending support to Microsoft’s arguments.

Jan 19, 2018 | Brad Smith | Microsoft’s Search Warrant Case|The Seattle Times

Big tech companies, lawmakers support Microsoft in Supreme Court case

Nearly 300 companies, groups and individuals filed briefs with the U.S. Supreme Court this week in support of Microsoft in a case that has far-reaching implications for digital privacy across countries’ borders.

Oct 24, 2017 | Brad Smith | Microsoft's Secrecy Order Lawsuit|Fortune

Microsoft Declares Victory in Fight to Tell Users About Government Email Searches

In April of last year, Microsoft sued the United States government for the right to inform customers when authorities are rifling through their emails on Microsoft’s servers. The government was using gag orders in thousands of investigations each year, with no fixed end date for the enforced secrecy.

Oct 23, 2017 | Brad Smith | Microsoft's Secrecy Order Lawsuit|Reuters

Microsoft to drop lawsuit after U.S. government revises data request rules

Microsoft Corp said it will drop a lawsuit against the U.S. government after the Department of Justice (DOJ) changed data request rules on alerting internet users about agencies accessing their information.

Oct 23, 2017 | Brad Smith | Microsoft's Secrecy Order Lawsuit|Axios

Microsoft will drop suit after DoJ agrees to limit use of gag orders

Microsoft said Monday it will drop a lawsuit against the federal government after the Justice Department agreed to limit its use of "gag orders" to prevent Internet service providers from notifying customers that the government has accessed their information.

Oct 19, 2017 | Brad Smith | Microsoft’s Search Warrant Case|The Irish Times

US attempt to win right to grab Irish-held emails in Microsoft case is dangerous

Why is US chasing a line of legal thought that could easily in future be turned against it?

Oct 16, 2017 | Brad Smith | Microsoft’s Search Warrant Case|Gizmodo

Microsoft and Justice Department Will Square Off in Supreme Court Over Critical Privacy Case

The US Supreme Court has agreed to hear arguments in a critical case over data privacy, the outcome of which will likely determine how easily law enforcement can gain access to information stored in tech companies’ overseas data centers. Microsoft will go head-to-head with the Justice Department, arguing that the agency cannot use a warrant to collect emails held in Microsoft’s Ireland data center.

Oct 16, 2017 | Brad Smith | Microsoft’s Search Warrant Case|NBC

Microsoft, Feds in Email Privacy Showdown at Supreme Court

The U.S. Supreme Court said Monday it will hear a legal showdown between the federal government and Microsoft over the privacy of customer data stored outside the United States.

Jan 23, 2017 | Brad Smith | Microsoft's Secrecy Order Lawsuit|The Seattle Times

Microsoft’s victory in email-seizure case stands, hailed as win for privacy

The company argues that court orders for customer data often come with gag orders that Microsoft claims are a violation of customers’ privacy rights. The government contends Microsoft doesn’t have authority to sue on behalf of the customer.

Oct 20, 2016 | Brad Smith |The Washington Post

Microsoft’s plan to avoid a ‘return to the digital dark ages’ in wake of Safe Harbor decision

In a new blog post, Microsoft president and chief legal officer Brad Smith argues that privacy is a human right and the Safe Harbor decision is an opportunity for stronger privacy regulations. Smith also warns that without policy changes, the invalidation could signal "a return to the digital dark ages" by setting the stage for a world where data is segregated by nation:

Oct 20, 2016 | Brad Smith |Fortune

Microsoft pushes data privacy steps in the wake of safe harbor collapse

In a blog post published Tuesday, Smith, Microsoft's long-time top lawyer who was named president last month, agreed that it is important to balance customer data privacy with the need of businesses to be able to handle data across international borders. He likened the meeting of such disparate demands to solving a Rubik's cube.