February 20, 2018
The Microsoft-Ireland Case: Do U.S. Warrants Work In Foreign Lands?
Debra PerlinDirector of Policy and Program, ACS
Jennifer DaskalAssociate Professor of Law, Washington College of Law
Greg NojeimSenior Counsel and Director of the Freedom, Security, and Technology Project at the Center for Democracy and Technology
Sharon Bradford FranklinDirector of Surveillance and Cybersecurity Policy, New America
Alex BerengautPartner, Convington LLP
Senator Christopher Coons(D-DE)
ACS and Center for Democracy and Technology present a panel on US v. Microsoft followed by remarks from Senator Chris Coons (D-DE). Debra Perlin, Director of Policy and Program, American Constitution Society, provides opening remarks.
Debra Perlin, Director of Policy and Program, ACS
Alex Berengaut, Partner, Convington LLP
Jennifer Daskal, Associate Professor of Law, Washington College of Law
Sharon Bradford Franklin, Director of Surveillance and Cybersecurity Policy, New America
Amy Howe (Moderator), SCOTUSblog
Greg Nojeim, Senior Counsel and Director of the Freedom, Security, and Technology Project at the Center for Democracy and Technology
Senator Christopher Coons (D-DE) provides closing remarks.
With oral argument in the Supreme Court case of United States v Microsoft slated for February 27, the Supreme Court is poised to make a critical ruling on the extraterritorial reach of U.S. warrants for digital material. At issue is whether the 1986 Stored Communications Act (SCA) applies extraterritorially and thereby allows U.S. law enforcement to access an individual user’s email stored overseas, disregarding the mutual legal assistance treaties (MLATs) the U.S. has with over 50 foreign governments.
Enacted before there even was the Internet we know today, the conventional wisdom is that the SCA badly needs updating to account for technological advancements that have occurred over the past 30 years. Do SCA warrants compel disclosure of data stored extraterritorially? If so, can foreign legal process compel disclosure of data in the U.S.? What concerns do international governments, law enforcement experts, and human rights advocates have with asking the Supreme Court to resolve this issue?