Today, the U.S. Court of Appeals for the Second Circuit denied the U.S. government’s petition for ‘rehearing en banc’ in Microsoft Corporation v. United States of America, confirming their prior ruling in favor of Microsoft that a domestic search warrant cannot compel American companies to provide emails outside the United States. This decision closes the door to warrants seeking data stored abroad barring a further appeal to the U.S. Supreme Court. A concurring opinion by Judge Carney explained the court’s reasoning.
“This decision represents another victory for privacy interests, but as the court makes clear, Congress must step in an update the nation’s email privacy laws for the digital age,” said Michael Price, Counsel for the Brennan Center’s Liberty and National Security Program.
Experts are available to discuss the case and its implications. To schedule an interview, contact Naren Daniel at (646) 292–8381 or naren.daniel@nyu.edu.
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