News

| Brad Smith | Microsoft's Secrecy Order Lawsuit

DOJ acts to curb the overuse of secrecy orders. Now it’s Congress’ turn.

Today marks another important step in ensuring that people’s privacy rights are protected when they store their personal information in the cloud. In response to concerns that Microsoft raised in a lawsuit we brought against the U.S. government in April 2016, and after months advocating for the United States Department of Justice to change its practices, the...

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| 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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| 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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| 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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| Reforming Laws | Clarifying Lawful Overseas Use of Data (CLOUD) Act

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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| 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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| Brad Smith |

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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