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SCOTUS Takes Up Microsoft Case on Email Privacy

BY Tony Mauro
November 02, 2017

A long-running dispute between Microsoft and the Justice Department over providing the government with certain customer emails in criminal investigations will be refereed by the U.S. Supreme Court.

Without comment, the justices agreed to hear arguments in United States v. Microsoft, 855 F.3d 53 (Second Cir. Jan. 24, 2017), responding to the government's dire assertion that a lower court ruling siding with Microsoft is causing “immediate, grave, and ongoing harm to public safety, national security, and the enforcement of our laws.” See, http://bit.ly/2gG5Jxc.

For its part, Microsoft counters that “the government is in the wrong forum,” asserting that it is up to Congress, not the courts, to expand existing law to require email providers to turn over customer content stored overseas. See, http://bit.ly/2y2kLF8. Veteran high court advocate and Orrick, Herrington & Sutcliffe partner E. Joshua Rosenkranz represents Microsoft in the case.

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