Supreme Court Vacates Microsoft Email Privacy Case

The Supreme Court has vacated United States v. Microsoft, a case concerning whether a U.S. communications law can be used by a U.S. law enforcement agency to obtain personal data stored outside of the U.S. While the case was pending, the Congress quickly passed the CLOUD Act, which requires internet companies to hand over personal data to U.S. law enforcement agencies, no matter where that data is stored. The Court then determined that there was no longer a matter to adjudicate and ended the proceeding. EPIC's amicus brief to the Supreme Court argued that human rights law and privacy standard should govern law enforcement access to personal data stored abroad. In recent comments to the UN, EPIC explained that the CLOUD Act "undermines communications privacy protections."


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