In Microsoft, Justices To Set Feds' Reach For Overseas Data

Document Type

News Article

Publication Date

10-17-2017

Abstract

[quote] "If anything, I think the unfortunate thing about the Supreme Court taking this case is that it's presented with a pretty black-and-white set of options, whether Microsoft wins and law enforcement's ability to access data is limited by simply where it happens to be held or if the government wins and it's basically broadcasted to the world that the U.S. government's reach for evidence extends all across the globe," said Jennifer Daskal, an associate professor at American University Washington College of Law.

"It appears that the court is presented here with two stark and unsatisfactory answers to this problem," Daskal added. "If anything, hopefully this granting of cert should be seen as a kind of shout out for Congress to step in, because only Congress can deal with these complicated issues in the nuanced way that is needed here."

Source Publication

LAW360

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