Supreme Court (SCOTUS)
364 Articles
The Supreme Court Should Rethink Deference to the Executive in the Travel Ban Case
Former White House Counsel Neil Eggleston, and Amanda Elbogen write that the Justices should not provide the customary deference to the Executive Branch when it comes to the Travel…
Why the CLOUD Act is Good for Privacy and Human Rights
Above: Lawyer Joshua Rosenkranz and Brad Smith, President and Chief Legal Officer of Microsoft, speak to reporters following oral arguments in the U.S. v. Microsoft case at the…
Mueller’s Uphill Battle: Obstruction Law and the Comey Firing
Did the president commit a violation of federal criminal law when he fired the FBI director? Many commentators assume that the president has violated one of several criminal statutes…
Symposium Recap: We Need the Cloud Act To Save Us & What Bill Dodge Got Right
Arguments in the Microsoft Ireland case are now less than a week away. Despite the desires of many (including me) that Congress move quickly to pass the CLOUD Act – and thereby…
Microsoft, Ireland, and the Rest of the World
United States v. Microsoft will be practically significant for its effect on law enforcement’s ability to access data stored abroad, and it has the potential to be doctrinally…
The Microsoft Design Decisions That Caused this Mess
I need not spend much space on the merits of United States v. Microsoft, the case about the extraterritoriality of email search warrants that the Supreme Court will decide this…
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…