United States v. Microsoft Corp.
- Case Date: 1/18/2018
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On January 18, 2018, WLF filed a brief in the U.S. Supreme Court, urging it to prevent federal officials from seizing emails stored by Microsoft in Ireland for one of its customers. WLF argued that the Stored Communications Act (SCA)—a 1986 federal statute designed to protect email privacy and that authorizes law enforcement officials to gain access to private emails in limited circumstances—has no application outside of the United States. Federal officials argue that they nonetheless are entitled to demand access because Microsoft is a U.S. company and thus can be required to produce the emails in this country (after retrieving them from Ireland). Although acknowledging that the government may have legitimate law-enforcement reasons for obtaining the emails, WLF argued that the appropriate method of obtaining emails stored in Ireland is to request assistance from the Irish government, or else to ask Congress to amend the law.
|Awaiting oral argument on February 27, 2018.|
More Information and Downloads:
1/18/2018: Download the Brief