Supreme Court Decision to Hear U.S. v. Microsoft Creates Narrow Window For Much Needed Congressional Action

The following is an excerpt from an article by Lindsay Bembenek with Information Technology and Innovation Foundation

WASHINGTON—Last year, the Court of Appeals for the Second Circuit ruled in United States v. Microsoft Corp. that U.S. law enforcement cannot use search warrants to seize data stored in foreign countries. Today, following the U.S. Supreme Court’s decision to hear the case, the Information Technology and Innovation Foundation (ITIF), a leading think tank for science and technology policy, released the following statement from ITIF vice president Daniel Castro:

In July 2017, ITIF released a report outlining how outdated laws, court decisions, and treaties make it unnecessarily difficult for law enforcement to access data as part of lawful investigations that traverse borders. The report makes specific recommendations for how governments can use a global framework to establish policies for law enforcement to access data abroad without disadvantaging U.S. companies.

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The Information Technology and Innovation Foundation (ITIF) is an independent, nonpartisan research and educational institute focusing on the intersection of technological innovation and public policy. Recognized as one of the world’s leading science and technology think tanks, ITIF’s mission is to formulate and promote policy solutions that accelerate innovation and boost productivity to spur growth, opportunity, and progress. Learn more at

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