April 15, 2018
How Much of Our Liberty Will SCOTUS Take Away in the Microsoft Case?
"If it ain't broke, don't fix it," a phrase coined by Bert Lance, the much maligned director of the Office of Management and Budget for the equally slandered Carter administration, has become a mantra for well advised inaction since 1976. This phrase is recalled by the recent oral argument before the United States Supreme Court for the Second United States Court of Appeals decision in the case of United States v. Microsoft Corp (hereinafter "Microsoft case"), a hotly anticipated event featuring numerous intriguing questions from the justices and a theatrical atmosphere bolstered by the presence of U.S. senator Orrin Hatch (R-Utah) sitting in the front row. Senator Hatch has introduced new bipartisan legislation to "fix" access to electronic evidence: the Clarifying Lawful Overseas Use of Data Act of 2018 ("CLOUD Act"). This legislation, strenuously urged by the Department of Justice ("DOJ"), hinges on...(Read Full Article)