News

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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Sep 12, 2017 | Brad Smith, Reforming Laws | International Communications Privacy Act (ICPA)

ICPA: Momentum to modernize outdated data law builds in Congress

Today marks another important step in the building momentum for legislation to clarify how U.S. warrants for digital information apply domestically and abroad. The International Communications Privacy Act (ICPA) has now been introduced in the U.S. House by Representatives Doug Collins (R-Georgia), Hakeem Jeffries (D-New York), Darrell Issa (R-California) and Suzan DelBene (D-Washington). ICPA was...

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Sep 12, 2017 | Brad Smith, Reforming Laws | International Communications Privacy Act (ICPA)

Reps. Collins, Jeffries, Issa and DelBene introduce House version of the International Communications Privacy Act (ICPA)

Today, Representatives Doug Collins (R-GA), Hakeem Jeffries (D-NY),) Darrell Issa (R-CA) and Suzan DelBene (D-WA) introduced the International Communications Privacy Act (ICPA) in the U.S. House of Representatives. This follows Senator Orrin Hatch’s introduction of ICPA in the Senate in July. More information about today’s introduction is available here. Microsoft President and Chief Legal Officer...

Aug 1, 2017 | Reforming Laws | International Communications Privacy Act (ICPA)

Sens. Hatch, Coons, Heller introduce International Communications Privacy Act (ICPA)

Today, Senators Orrin Hatch (R-Utah), Chris Coons (D-Delaware) and Dean Heller (R-Nevada) introduced the International Communications Privacy Act (ICPA)— bipartisan legislation to protect personal privacy and clarify U.S. law enforcement’s ability to obtain access to electronic communications stored abroad. The question of whether and when U.S. warrants extend extraterritorially is at the core of  Microsoft’s...

Aug 1, 2017 | Reforming Laws | International Communications Privacy Act (ICPA)

Sen. Hatch urges senate to support the International Communications Privacy Act (ICPA)

Today, Senator Orrin Hatch (R-Utah) took to the Senate floor to speak about the International Communications Privacy Act (ICPA), bipartisan legislation he introduced with Senators Chris Coons (D-Delaware) and Dean Heller (R-Nevada). The bill would create a legal framework that enables law enforcement’s work with cloud-based evidence around the world—while respecting borders and the timeless...

Jul 31, 2017 | Reforming Laws

ICPA: A much-needed legislative path to modernize outdated digital data laws

Sens. Orrin Hatch (R-Utah), Christopher Coons (D-Delaware), and Dean Heller (R-Nevada) introduced legislation that would clarify how U.S. warrants for digital information apply in the U.S. and abroad. The International Communications Privacy Act (ICPA) updates antiquated data laws to better meet the needs of law enforcement, while protecting people’s privacy rights. In today’s fast-moving digital...

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Jul 27, 2017 | Reforming Laws | ECPA Reform

The Senate takes an important step on ECPA reform

Today marks an important step toward protecting the rights of Americans while ensuring law enforcement has the ability to fight crime in the digital age. A bipartisan group of U.S. senators introduced new legislation Thursday to update the Electronic Communications and Privacy Act (ECPA) and require that a warrant be obtained by law enforcement before...

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Jul 27, 2017 | Reforming Laws | International Communications Privacy Act (ICPA)

BSA | The Software Alliance congratulates Senate on International Communications Privacy Act (ICPA) introduction

Today, BSA |The Software Alliance, an industry trade group representing some of the world’s most innovative companies, expressed its support for the Senate introduction of the International Communications Privacy Act (ICPA). This bill creates a modern legal framework that enables international law enforcement agencies to do their jobs—while respecting borders and the timeless values cherished...

Jun 15, 2017 | Reforming Laws | International Communications Privacy Act (ICPA)

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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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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Nov 12, 2016 | Brad Smith | International Communications Privacy Act (ICPA) |

Op-ed: Hatch bill clarifies what is private in the digital world

When lawmakers enacted the Electronic Communications Privacy Act of 1986, they never conceived of the world we live in today. Fewer than 10 percent of U.S. households had a computer at home, the internet was a mystery to most and cell phones — which looked nothing like today's powerful devices — were used by fewer than 1 percent of Americans.

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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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