Friday 9 March 2018

Jurisdiction: Whatever happens in US v. Microsoft, three themes will persist - SCOTUSblog

Symposium: Whatever happens in US v. Microsoft, three themes will persist - SCOTUSblog: " United States v. Microsoft Corp. presents a fairly straightforward matter of statutory interpretation.

The statute in question — the Stored Communications Act — is silent about its territorial reach, which raises at least two questions: (1) Is it an extraterritorial application of the statute to issue a U.S. warrant in Washington state for data that Microsoft holds in Ireland, and (2) does the statute apply extraterritorially?

Because the statutory issues are covered at length by other posts in this symposium and in the briefing before the Supreme Court, I thought I would say a few words about what is not in the briefing.

 Much like Apple’s dispute with the FBI, this case has attracted interest from around the globe. It is seen as a test both of U.S. government efforts to access foreign data — the first time our highest court has considered that issue — and of one nation’s efforts to exert control over a hugely powerful internet company. " 'via Blog this'

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