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Tuesday Round-Up (U.S. v. Microsoft Oral Argument)


The justices will hear oral arguments in two cases this morning.

"The justices will hear oral arguments in two cases this morning. The first is United States v. Microsoft Corp., which asks whether the Stored Communications Act allows the government to gain access from email providers to data that is stored overseas. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. Frederick Titcomb and Vadim Belinsky provide a preview for Cornell Law School’s Legal Information Institute. Counting to 5 (podcast) also has a preview, and Subscript offers a graphic explainer. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.] At NPR, Nina Totenberg reports that '[a]lthough the [SCA] was designed to address electronic communications, Congress did not predict the technological revolution, which has since poked major holes in the legislation.' At NBC News, Pete Williams reports that '[a] key issue in the case is where the search occurs.' Steven Mazie takes a quick look at the case at The Economist’s Espresso blog. In an op-ed for The Hill, Curt Levey argues for 'a narrow ruling that leaves plenty of room for Congress to modernize the SCA as it sees fit...'”


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