Litigation
854 Articles
Microsoft (Ireland) and the Federal Rules of Criminal Procedure
Microsoft (Ireland) raises a difficult policy question about when and how U.S. law enforcement may access cross-border data. Unfortunately, the Supreme Court is seemingly set to…
“Extraterritorial” Is Not a Bad Word, Even on the Internet
In the world of Internet policy, it is a slur to call something an assertion of extraterritorial jurisdiction. Coverage of, for example, Canada’s recent ruling against Google…
United States v. Microsoft: Why the Government Should Win the Statutory Interpretation Argument
In United States v. Microsoft, the U.S. Supreme Court will determine the geographic scope of Section 2703 of the Stored Communications Act (SCA), which allows the government to…
Microsoft Ireland: Extraterritoriality Step Zero
United States v. Microsoft is a fascinating case because it appears at the cross-roads of so many different areas of the law—the Fourth Amendment, criminal law, data privacy,…
The Parties in U.S. v. Microsoft Are Misinterpreting the Stored Communications Act’s Warrant Authority
United States v. Microsoft comes to the court in stark terms. The case involves a search warrant demanding that Microsoft turn over stored emails from a server in Ireland. That…
Introducing Just Security’s Symposium on United States v. Microsoft
Just Security is pleased to announce the launch of an online symposium on United States v. Microsoft, which will be argued at the U.S. Supreme Court on February 27. The question…
The United States Can – And Should – Prosecute the Killers of US Journalists and Aid Workers in Syria
Two formerly British ISIS combatants who are suspected of murdering three US citizens are now in US allies’ custody. The "ISIS Beatles" can and should be tried in US federal…
Episode 59 of the National Security Law Podcast: Share the Cookies
We don’t lack for topics this week! In today’s episode, Professor Chesney and I eat a number of cookies while talking about the following: Rachel Brand steps down at DOJ. …
Al-Alwi and the Unraveling of Detention Authority at the End of Active Hostilities
Last week, President Trump issued a new executive order reversing the 2009 executive order that had ordered the closure of detention facility at Guantanamo Bay, Cuba and re-asserting…
Two Updates in Mass Guantanamo Habeas Case
A U.S. military guard carries shackles before moving a detainee inside the U.S. detention center for ‘enemy combatants’ on September 16, 2010 in Guantanamo Bay, Cuba.…
Episode 54 of the National Security Law Podcast: Family Ties or Family Matters?
And we’re back, with another weekly dose of national security legal news and analysis. Fresh off the stove this week we have: Dalmazzi – I am just returned from my first…
Today’s Mass Guantanamo Habeas Petition and the Ongoing Human Cost of America’s “Battle Lab”
Today, the Guantanamo prison enters its 17th year. 41 Muslim men still languish there, trapped in an ever-present reminder of their captors’ official experiment with torture.…