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Can US law enforcement officials compel American companies to hand over consumer data stored abroad? This question is at the heart of a major case currently before the US Court of Appeals for the Second Circuit. It is also the subject of an event AEI will host next Tuesday, October 6, at our headquarters in DC.
The subject of this case, known colloquially as the “Microsoft Ireland”case, is a dispute between Microsoft and the US Department of Justice (DOJ). The DOJ has argued that US warrants permit the agency to access data, such as emails, that are stored on servers outside the United States. Microsoft disagrees, and has subsequently refused to turn over emails it has stored on servers in Ireland in relation to an ongoing narcotics investigation.
Our panelist Greg Nojeim, who is senior counsel and director of the Freedom, Security and Technology project at the Center for Democracy and Technology, explains what he sees is at stake if the government wins the case:
Indeed, much is at stake in Microsoft Ireland – and there are many who doubt the ability of any court to arrive at an ideal solution. Bryan Cunningham, who is senior advisor to the Chertoff Group and another panelist at next week’s event, argues that congress – as opposed to the courts – is best equipped to resolve this dispute:
If congress were to act on this issue, then it would be addressing a legislative framework that has not been updated in nearly 30 years – long before the advent of email as a primary means of communication and of the Internet as an international network. Tuesday’s keynote speaker, Viet Dinh, highlights two issues he believes are particularly overdue for reform:
Is congress up to the task? And how will – and should – the court respond to the many stakeholders who have contributed their voices to this dispute? Visit AEI on October 6 to find out. This post was originally published on TechPolicyDaily.
My default assumption is that a stronger economy is better for the Democratic presidential nominee, a weaker economy for the Republican. So if you accept that thesis, will the economy be a headwind or tailwind for the incumbent presidential party?
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