Symposium: Whatever happens in US v. Microsoft, three themes will persist

On one level, United States v. Microsoft Corp. presents a fairly straightforward matter of statutory interpretation. The statute in question — the Stored Communications Act — is silent about its territorial reach, which raises at least two questions: (1) Is it an extraterritorial application of the statute to issue a U.S. warrant in Washington state for data that Microsoft holds in Ireland, and (2) does the statute apply extraterritorially? Because the statutory issues are covered at length by other posts in this symposium and in the briefing before the Supreme Court, I thought I would say a few words about what is not in the briefing.

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