Today the U.S. Supreme Court granted review in a case involving whether the U.S. government can use a traditional domestic warrant to access emails belonging to foreign citizens residing outside the United States and stored in the cloud on servers also located outside the United States. The U.S. Court of Appeals for the 2nd Circuit found against the government on this issue. The Manufacturers’ Center for Legal Action provided amicus support to Microsoft when this case was before the 2nd Circuit, arguing that the Electronic Communications Privacy Act never anticipated this type of scenario and was not intended to reach beyond the borders of the United States. Our brief can be accessed here.
The Supreme Court’s decision today to review Microsoft’s victory in the 2nd Circuit is further proof that Congress needs to act to update laws governing electronic communication. The cloud is helping to power today’s modern manufacturers, and the industry urges Congress to give it the clarity it needs to continue being the world’s leading innovators by taking up and passing the International Communications Privacy Act of 2017 now. We intend to share this view with the Supreme Court as it confronts this important issue.
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