International -- 2016



Microsoft Corp. v. United States   (2nd Circuit)

Search warrant issued under the Stored Communications Act

The NAM filed an amicus brief in support of Microsoft’s challenge to the Department of Justice’s (DOJ) request to gain access to digital personal information stored on a server in Ireland using the Stored Communications Act, rather than the proper legal channels. This is an appeal to a lower court decision that held that the government can use a search warrant, issued under the Stored Communications Act, to gain access to digital information within the control of a U.S. based internet service provider but stored on a foreign server. If upheld, this decision would have had a chilling effect on the ability of U.S. companies to compete internationally. The NAM’s brief argued that the government’s position would significantly deter the use of remote data management technologies by businesses and individuals and that there is no legal basis for the government’s request. The court held that the Stored Communications Act does not authorize courts to enforce the warrant.


Related Documents:
NAM brief  (December 15, 2014)