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Appellate Attorneys Ask Second Circuit to Reconsider Landmark Decision on Reach of Search Warrants

Posted on 24 January, 2017 at 14:00

Appellate attorneys for the U.S. government were unsuccessful in asking the Second U.S. Circuit Court of Appeals to reconsider its decision in Microsoft v. U.S., 2nd U.S. Circuit Court of Appeals, No. 14-2985. According to Reuters, the federal appellate court "refused to reconsider its landmark decision forbidding the U.S. government from forcing Microsoft Corp. and other companies to turn over customer emails stored on servers outside the United States."


The appellate court reasoned that the search warrant issued in a narcotics case seeking emails stored on a server in Dublin, Ireland were beyond the "reach of domestic search warrants issued under the federal Stored Communications Act, a 1986 law." The dissenting judges argued that because Microsoft is a domestic company it should not matter where the emails are stored as this can create a "roadmap for the facilitation of criminal activity." 


Written by: Alexandra Siskopoulos, Esq.

Telephone: (646) 942-1798

Email: [email protected]


 

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Categories: Appellate Attorney News

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