Legal cases: Microsoft’s Search Warrant Case

Microsoft challenged a U.S. government search warrant seeking access to customer emails in our Irish data center. On July 14, 2016, the U.S. Second Circuit Court of Appeals ruled 3-0 in favor of our challenge, a decision that helps ensure information stored in the cloud receives the same protection as physical information, paving the way for modern solutions that enhance personal rights and public safety.

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 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...

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Aug 27, 2015 | Brad Smith | Microsoft’s Search Warrant Case |

Do Local Laws Belong In a Global Cloud? Part Two of a Q&A with Brad Smith of Microsoft

This is the second part of my Q&A with Microsoft Executive Vice President and General Counsel Brad Smith over the company’s legal battle with the U.S. Department of Justice over e-mails stored in Ireland. The case raises important questions with respect to the privacy of digital communications and the future of cloud computing.

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Aug 26, 2015 | Brad Smith | Microsoft’s Search Warrant Case |

Do Local Laws Belong In a Global Cloud? Q&A with Brad Smith of Microsoft (Part One)

In light of the significance of this case for U.S. consumers and businesses, and the impact that its outcome could have on the privacy of digital communications, Brad Smith, executive vice president and general counsel for Microsoft, took the time to answer some questions regarding the case and what its outcome might mean.

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