Digital Liberty in the Cloud Computing Era

The recent decision by the United States Second Court of Appeals in the case of Matter of Warrant to Search a Certain E–Mail Account Controlled & Maintained by Microsoft Corp., 829 F.3d 197 (2d Cir. 2016) (hereinafter "Microsoft case") has triggered an avalanche of rhetoric and a maelstrom of hyperbole-laden proclamations of anti-law and order invective – much of it hysterical in nature. The case concerned a warrant issued pursuant to a criminal narcotics investigation of a customer of Microsoft directed to Microsoft pursuant to the Stored Communications Act ("SCA"), 18 USCA § 2703(a).  Microsoft complied with the warrant as it related to data resident in the United States but properly refused to do so as regarded documents resident in its Dublin, Ireland datacenter because warrants by and large do not have extraterritorial applications, as mandated by the Federal Rules of Criminal Procedure, Rule 41.  Although the case facts are...(Read Full Article)

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