The United States v. Microsoft

Can the federal government compel a U.S.-based email provider to turn over its records as part of a criminal investigation when those records are located outside of the country?

The United States v. Microsoft case pending before the Supreme Court could have big implications for law enforcement, consumer privacy and the business operations of many companies that do business overseas.

The Microsoft case deals with a specific question: If a U.S. provider of email services must comply with a probable-cause-based warrant (issued under 18 U.S.C. § 2703) by disclosing in the United States electronic communications within that provider’s control, even if the provider has decided to store that material abroad.

Joining us to discuss these important issues are two leading experts on the case.

Benjamin Battles is the solicitor general of Vermont, which filed an amicus brief with 34 other states and the commonwealth of Puerto Rico in support of the federal government in United States v. Microsoft.

Vivek Krishnamurthy is a Clinical Instructor in Harvard Law School's Cyberlaw Clinic. He specializes in the international aspects of internet governance and on the human rights challenges associated with offering new internet-based services in different legal environments around the world.

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