The Supreme Court will hear a digital privacy case this month against tech giant Microsoft that could attract international attention and reignite fears that the U.S. government is harnessing tech giants to spy on the rest of the world.
The case, U.S. v. Microsoft, will determine whether the U.S. government can force tech companies to hand over customers’ emails even if they’re stored on foreign servers.
This conflict has captured the attention of Congress, where just this week a group of bipartisan lawmakers introduced legislation that would clarify the rules on cross-border data searches. If that legislation passes, the case against Microsoft may be rendered moot — if not, the Supreme Court will be forced to weigh in on a thorny topic that could pose negative consequences for America’s image abroad.
"Foreign countries may be troubled by the idea that U.S. law enforcement can search the files of any company with a U.S. office, even if those files are located overseas," says Matthew Tokson, an associate professor at University of Utah’s College of Law and an expert on digital privacy.
"This is especially sensitive territory," he added, in an email to Yahoo Finance, "because U.S. surveillance of foreigners for national security purposes has already caused foreign countries to be wary of U.S.-based tech companies, hurting U.S. businesses."
Or, as another associate law professor, Jennifer Daskal of American University’s Washington College of Law, put it, "There’s an ongoing concern about the scope of U.S. surveillance."
Microsoft is not the only tech company to take issue with the government’s contention that it has a right to obtain warrants for overseas data that can be accessed in the U.S.
Last month, some of the nation’s biggest tech companies — including Amazon, Facebook, Google and Yahoo Finance parent Verizon, among others — filed an amicus brief asking the high court to side with Microsoft.
"It’s one of several cases where tech companies are stepping in to protect their users’ privacy," noted Jonathan Manes, an assistant clinical professor at the University at Buffalo's School of Law and an expert on the use of emerging technologies in law enforcement and national security. "It’s the tech companies that are sort of holding the government’s feet to the fire with respect to complying with the privacy laws that exist."
The case, U.S. v. Microsoft, will determine whether the U.S. government can force tech companies to hand over customers’ emails even if they’re stored on foreign servers.
This conflict has captured the attention of Congress, where just this week a group of bipartisan lawmakers introduced legislation that would clarify the rules on cross-border data searches. If that legislation passes, the case against Microsoft may be rendered moot — if not, the Supreme Court will be forced to weigh in on a thorny topic that could pose negative consequences for America’s image abroad.
"Foreign countries may be troubled by the idea that U.S. law enforcement can search the files of any company with a U.S. office, even if those files are located overseas," says Matthew Tokson, an associate professor at University of Utah’s College of Law and an expert on digital privacy.
"This is especially sensitive territory," he added, in an email to Yahoo Finance, "because U.S. surveillance of foreigners for national security purposes has already caused foreign countries to be wary of U.S.-based tech companies, hurting U.S. businesses."
Or, as another associate law professor, Jennifer Daskal of American University’s Washington College of Law, put it, "There’s an ongoing concern about the scope of U.S. surveillance."
Microsoft is not the only tech company to take issue with the government’s contention that it has a right to obtain warrants for overseas data that can be accessed in the U.S.
Last month, some of the nation’s biggest tech companies — including Amazon, Facebook, Google and Yahoo Finance parent Verizon, among others — filed an amicus brief asking the high court to side with Microsoft.
"It’s one of several cases where tech companies are stepping in to protect their users’ privacy," noted Jonathan Manes, an assistant clinical professor at the University at Buffalo's School of Law and an expert on the use of emerging technologies in law enforcement and national security. "It’s the tech companies that are sort of holding the government’s feet to the fire with respect to complying with the privacy laws that exist."
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