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

Something extraordinary happened in Washington, D.C., yesterday

Something extraordinary happened in Washington, D.C., yesterday. Members of Congress took the same position as members of the European Parliament. The U.S. Chamber of Commerce approvingly quoted a statement by the European Commission. Business groups and big companies agreed with consumer and privacy advocates. Faculty from Harvard joined with professors from Princeton. Professors from Duke...

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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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