Today the Court of Appeals for the Second Circuit issued its ruling in the Microsoft vs. United States case over whether U.S. law enforcement needs a warrant to access data stored overseas.
“The Court affirmed that law enforcement must obtain a warrant to access cloud-stored data abroad,” said ACT | App Association executive director Morgan Reed. “The opinion clarified what most Americans already believe — documents stored digitally should be treated the same as documents stored in a filing cabinet.”
The government had relied on the 1986 Electronic Communications Privacy Act (ECPA) — a law enacted five years before anyone browsed the web. The idea of cloud storage was still decades away at the time this law was drafted.
“As our world has become mobile, consumer data is increasingly stored remotely in data centers,” continued Reed. “Traveling through the Internet, data knows no borders as it seeks the most efficient route to reach its intended recipient.
“Consumers demand access to data on their mobile devices from any location. They have come to expect that documents stored online receive the same protections as those in a physical form.
“Microsoft’s interest in this case was no different than that of fledgling startups. Specifically, American companies need clarity around how and when law enforcement can access data stored overseas.
“This ruling clears the path for Congress to pass the International Communications Privacy Act (ICPA) and modernize our laws to meet consumers’ expectation of privacy.”