The landmark case between the Justice Department and Microsoft, which hit the Supreme Court Tuesday, will have major implications for the U.S. government’s access to data and the way that tech companies function around the world today, says Steven Overly, tech reporter at Politico.
“Microsoft is arguing that we’re basically legislating current day technology based on decades-old law,” he says.
“What they really want is to see our laws updated so that it better addresses the technology that we all use today.” For that, Microsoft wants Congress -- not the courts -- to deliberate on the future of data protection.
The case revolves around emails stored in a data center in Ireland. A search warrant in 2013 demanded that Microsoft hand over access to those files because they were pertinent to a drug investigation. Officials cited a 1986 law -- the Stored Communications Act (SCA) -- that was written back before email and international data centers were the norm.
Microsoft refused the warrant, arguing emails stored overseas are beyond the jurisdiction of U.S. warrants in the same way that physical information overseas would be, explains Overly.
“We need 21st century laws to protect 21st century technology,” said Brad Smith, President and Chief Legal Officer at Microsoft, on Tuesday.
“There is only one institution in this country that can balance all of the careful nuances that need to be considered, and that is...the United States Congress,” added Smith.
The case could also have direct consequences for the consumer, Overly told Cheddar.
“What does this mean for how our own government accesses our information and how foreign governments access our information?” he asked.
A ruling in the case is expected in June.
For the full interview, [click here](https://cheddar.com/videos/breaking-down-the-u-s-vs-microsoft-supreme-court-case).
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