Microsoft Warrants Case

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Cross-Border Access to Data: Google’s Senior VP Weighs In

This morning, Kent Walker, Senior Vice-President and General Counsel of Google, gave a speech to a packed audience at the Heritage Foundation, laying out the need for new laws…
A person holds a phone with an encryption password while typing on the keyboard of a laptop.

A Microsoft Ireland Fix: Time to Act is Now!

It’s been almost a year since the Second Circuit issued its decision in the Microsoft Ireland case, ruling that U.S. warrant authority pursuant to the Electronic Communications…

A Proposed Fix To the Microsoft Ireland Case

On Tuesday, I posted the Second Circuit’s denial of the petition for rehearing en banc in the Microsoft case and promised to write more. I have now done so (via Slate); the piece…
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The Dangerous Implications of the Microsoft Ireland Case

Yesterday evening, the government filed its petition for rehearing or rehearing en banc in the Microsoft Ireland case. Throughout the brief, the government warns of both the…
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Hot off the Presses: DOJ Rehearing Petition in the Microsoft Ireland Case (Full Text)

DOJ filed the attached motion tonight, seeking rehearing or reaching en banc in the Microsoft Ireland case.  In the government’s words: “The [panel] Opinion has created…
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To Privacy Rights Advocates: Embrace DOJ’s Cross-Border Data Proposal

In a lengthy post yesterday, Greg Nojeim and Ross Shulman take aim at the newly proposed legislation from DOJ that would permit the cross-border sharing of data for law enforcement…
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The Microsoft Ireland Case and the Future of Digital Privacy

This post is the latest installment of our “Monday Reflections” feature, in which a different Just Security editor examines the big stories from the previous week or looks…
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Three Key Takeaways: The 2d Circuit Ruling in The Microsoft Warrant Case

As readers no doubt already know, the Second Circuit today issued a surprise ruling in the Microsoft Ireland warrant case — siding with Microsoft. The result: location of data…
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ECPA Reform: A Primer

Last week, the Second Circuit heard oral argument in the Microsoft Ireland case (transcript). The dispute raises a number of pressing questions about the Electronic Communications…
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The Microsoft Warrant Case: Response #2 to Orin Kerr

Over at the Volokh Conspiracy, Orin Kerr responds, point by point, to my disagreement with his take on the Microsoft warrant case. I thank Kerr for continuing the conversation,…
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