Sep 152015
 September 15, 2015  Posted by  Laws, U.S.

Orin Kerr writes:

The Second Circuit heard argument last week in the Microsoft warrant case. The big question in the case is how U.S. privacy law should deal with government access to contents stored on foreign servers, either belong to U.S. citizens or foreigners. Press reports suggest that the Second Circuit realized what a lot of us have been saying: This is a problem for Congress, not the courts.

What would a statutory fix look like? This post offers a framework to try to solve the territoriality problem exposed by the Microsoft case. To be extra clear, I’m not saying it is “the answer.” But I hope it’s at least a starting point for discussion.

Read more on The Volokh Conspiracy.

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