2nd Circ. Microsoft Ruling: A Plea For Congressional Action

Law360, New York (August 1, 2016, 11:50 AM EDT) -- Alan Charles Raul

Kwaku Akowuah On July 14, 2016, the U.S. Court of Appeals for the Second Circuit issued a long-awaited decision[1] that — to the surprise of many observers — rejected the government’s construction of the Stored Communications Act and instead embraced a more restrictive view that Microsoft Corp. had advanced, backed by much of the tech industry and many privacy groups. The decision holds that electronic communications that are stored exclusively on foreign servers cannot be reached by U.S. prosecutors under the SCA’s warrant provisions — not even where the warrant is served on a U.S. provider that can...

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