A Look at the European Commission’s Amicus Brief in United States v. Microsoft Corp  

On December 13, 2017, the European Commission filed an amicus brief in the United States v. Microsoft Corp case set to go before the U.S. Supreme Court in the 2018 term. The case concerns the U.S. Justice Department’s access to an individual’s private emails stored at Microsoft’s Dublin data center. In December 2013, the DOJ served Microsoft a warrant compelling it to disclose the private communications of an individual the government had reason to believe was engaged in criminal drug activity.  When Microsoft turned over the account information stored on its U.S. servers, but refused to disclose the information stored at its Dublin center, the legal battle ensued. At Issue: The Extraterritorial Application of the Stored Communications Act’s Warrant Provisions The Stored Communications Act (SCA) – which is part of the broader Electronic Communications Privacy Act (ECPA) of 1986 – allows the government to require that an electronic…

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