Brad Smith

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

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.

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

US Supreme Court will hear petition to review Microsoft search warrant case while momentum to modernize the law continues in Congress

In July 2016, the Court of Appeals for the Second Circuit agreed with Microsoft that U.S. federal or state law enforcement cannot use traditional search warrants to seize emails of citizens of foreign countries that are located in data centers outside the United States.  Today, the Supreme Court granted the Department of Justice’s petition to...

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Jun 15, 2017 | Brad SmithReforming Laws | Microsoft’s Search Warrant Case

Modern digital data laws that balance law enforcement needs with privacy can create a model for the world

A consensus is emerging among technology companies, civil society, judges, law enforcement officials and other stakeholders on the need to modernize our country’s antiquated digital data laws. The Electronic Communications Privacy Act (ECPA) – enacted nearly 31 years ago – was written at a time when American industry’s technology, customer base and infrastructure were largely...

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Oct 20, 2016 | Brad Smith | EU-U.S. Privacy Shield|

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:

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Mar 3, 2016 | Brad Smith | Apple Amicus Brief

Our legal brief in support of Apple

Today, Microsoft joined with a number of other leading technology companies to file a legal brief in support of Apple, as the company fights an FBI request to unlock an encrypted iPhone that belonged to one of the shooters in the terrible act of terrorism that took place in December in San Bernardino.

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Feb 25, 2016 | Brad Smith | Apple Amicus Brief

Brad Smith addresses Apple case

Brad Smith, Microsoft president and chief legal officer, responds to a question regarding a legal case between Apple and the U.S. government as part of testimony before a U.S. House Judiciary Committee hearing titled International Conflicts of Law Concerning Cross Border Data Flow and Law Enforcement Requests.

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