by Brad Smith, President and Chief Legal Officer, Microsoft
*This piece originally appeared on Microsoft on the Issues on October 16, 2017.
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 review Microsoft’s victory. This is an important case that people around the world will watch. We will continue to press our case in court that the Electronic Communications Privacy Act (ECPA) – a law enacted decades before there was such a thing as cloud computing – was never intended to reach within other countries’ borders.