Brad Smith Archives - Page 2 of 4 - Microsoft & Data Law

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.

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...

Jun 23, 2017 | Brad Smith | Microsoft’s Search Warrant Case

A legislative path to create new laws is better than arguing over old laws

Today the U.S. Justice Department asked the Supreme Court to reconsider a legal decision, in a case brought by Microsoft, which found that U.S. warrants cannot be unilaterally applied to email in other countries. It seems backward to keep arguing in court when there is positive momentum in Congress toward better law for everyone. The DOJ’s...

Jun 15, 2017 | Brad Smith Reforming 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...

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.

Sep 2, 2016 | Brad Smith | Microsoft's Secrecy Order Lawsuit|Bloomberg

Apple, Google Back Microsoft Over ‘Sneak-and-Peek’ Searches

Apple Inc., Google and Amazon.com Inc. were among the tech leaders that rallied behind Microsoft Corp. in its battle to stop the U.S. government from conducting so-called sneak-and-peek searches of customer e-mails.

Jul 14, 2016 | Brad Smith | Microsoft’s Search Warrant Case

Our search warrant case: an important decision for people everywhere

We obviously welcome today’s decision by the United States Court of Appeals for the Second Circuit. The decision is important for three reasons: it ensures that people’s privacy rights are protected by the laws of their own countries; it helps ensure that the legal protections of the physical world apply in the digital domain; and...

Jul 14, 2016 | Brad Smith | Microsoft’s Search Warrant Case|The Washington Post

Microsoft just won a huge legal victory on email privacy

A federal appeals court sided with Microsoft on Thursday in a case over whether the U.S. government could force the tech giant and other companies to hand over customer emails stored overseas.

Apr 15, 2016 | Brad Smith | Microsoft's Secrecy Order Lawsuit|PBS Newshour

Microsoft sues DOJ over demands for access to customer data

Now: a high-profile showdown between a tech giant and the U.S. government over accessing private data.

Apr 14, 2016 | Brad Smith | Microsoft's Secrecy Order Lawsuit

Keeping secrecy the exception, not the rule: an issue for both consumers and businesses

This morning we filed a new lawsuit in federal court against the United States government to stand up for what we believe are our customers’ constitutional and fundamental rights – rights that help protect privacy and promote free expression. This is not a decision we made lightly, and hence we wanted to share information on...

Apr 14, 2016 | Brad Smith | Microsoft's Secrecy Order Lawsuit|The Washington Post

Microsoft sues over law banning tech firms from telling customers about data requests

Microsoft wants a federal judge in Seattle to strike down a law that allows courts to prohibit a tech company from telling customers that the government has sought their data.

Apr 14, 2016 | Brad Smith | Microsoft's Secrecy Order Lawsuit|The New York Times

Microsoft Sues Justice Department to Protest Electronic Gag Order Statute

Big technology companies have usually played a defensive game with government prosecutors in their legal fight over customer information, fighting or bowing to requests for information one case at a time.

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.

Mar 3, 2016 | Brad Smith | Apple Amicus Brief|The Verge

Google, Microsoft, and other tech giants file legal briefs in support of Apple

Today saw the deadline for amicus briefs in the heated iPhone security trial, and several companies and interested parties took the opportunity to make their case before the court.

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.

Feb 25, 2016 | Brad Smith | U.S.-UK Data Agreement|The Hill

Justice Department gets earful from Congress over Microsoft case

The Justice Department faced withering criticism from House lawmakers at a Thursday hearing for its opposition to Microsoft-backed legislation aimed at limiting the geographical scope of a U.S. warrant.

Feb 25, 2016 | Brad Smith | U.S.-UK Data Agreement

Congress must update our outdated privacy laws

Today I appeared as a witness before the U.S. House Judiciary Committee Hearing on “International Conflicts of Law and their Implications for Cross Border Data Requests by Law Enforcement.”