Posted May 15, 2020. To settle a pandemic-related financial crisis at UMass Dartmouth, law faculty are not receiving research compensation in summer 2020. I will be away from my desk, May 16 to August 15. Blog posts will be sparse, and I will not receive email. On the upside, summer 🌞! If you need to reach me, please send a message through the faculty assistants’ office (Ms. Cain and Ms. Rittenhouse). Stay thirsty.

Thursday, April 5, 2018

SCOTUS 'Microsoft' privacy case likely moot, R+C blog reports

It looks like we won't get an answer from the U.S. Supreme Court in the Microsoft privacy case.  For the Data + Privacy Security Insider at Robinson + Cole, Kathleen Porter and Connor Duffy report that the Government and Microsoft agree that the case was mooted by the CLOUD Act, signed into law in March as part of omnibus spending legislation. 

The CLOUD Act gives the Government the authority to compel Microsoft to produce the sought-after data, whether stored at home or abroad, and the Government already has attained a warrant under the new law.  Microsoft's reported statement indicates that the company's position was exonerated insofar as it maintained that the legislature was the appropriate branch of government in which to resolve the matter.

I wrote about Microsoft and the pending Carpenter case for the winter 2017 newsletter of the Privacy, Cybersecurity & Digital Rights Committee of the ABA Section of International Law (published just last month, March 2018).

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