The United States v. Microsoft

We the People

National Constitution Center

News, News Commentary, History

4.6 • 1.1K Ratings

🗓️ 1 March 2018

⏱️ 55 minutes

🔗️ Recording | iTunes | RSS

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Summary

Can the federal government compel a U.S.-based email provider to turn over its records as part of a criminal investigation when those records are located outside of the country? The United States v. Microsoft case pending before the Supreme Court could have big implications for law enforcement, consumer privacy and the business operations of many companies that do business overseas. The Microsoft case deals with a specific question: If a U.S. provider of email services must comply with a probable-cause-based warrant (issued under 18 U.S.C. § 2703) by disclosing in the United States electronic communications within that provider’s control, even if the provider has decided to store that material abroad. Joining us to discuss these important issues are two leading experts on the case. Benjamin Battles is the solicitor general of Vermont, which filed an amicus brief with 34 other states and the commonwealth of Puerto Rico in support of the federal government in United States v. Microsoft. Vivek Krishnamurthy is a Clinical Instructor in Harvard Law School's Cyberlaw Clinic. He specializes in the international aspects of internet governance and on the human rights challenges associated with offering new internet-based services in different legal environments around the world. Questions or comments? We would love to hear from you. Contact the We the People team at podcast@constitutioncenter.org The Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

Transcript

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0:00.0	We the People of the People Podcast want to hear from you on how We The People is doing with this We The People Podcast.
0:09.0	Please visit Constitution Center.org, so forward slash survey and complete our five minute
0:13.8	survey which takes longer than it takes to introduce the survey please be sure to
0:17.8	fill out the survey and rate the podcast on iTunes and other platforms your feedback
0:22.0	ensures we can keep growing and improving this crucial
0:25.1	space for constitutional debate and as always feel free to email me J Rosen at constitution
0:29.4	center.org and let me know how we're doing.
0:33.0	I'm Jeffrey Rosen,
0:37.0	president and CEO of the National Constitution Center, and welcome to We The People, a weekly show of constitutional debate.
0:47.0	The National Constitution Center is the only institution in America chartered by Congress
0:52.0	to disseminate information about the U.S. Constitution
0:54.9	on a nonpartisan basis in order to increase awareness and understanding of the Constitution
1:01.0	among the American people.
1:02.9	This week, the Supreme Court heard oral arguments
1:05.1	in United States versus Microsoft,
1:07.6	the case about whether the government can use a warrant
1:10.7	to force tech companies who store their data in other countries to turn over that
1:16.2	data to law enforcement. The case raises important questions about the Fourth Amendment,
1:20.8	the future of data privacy, and international law.
1:24.2	Joining us to discuss this important case are two scholars who have contributed important amicus briefs.
1:30.4	Benjamin Battles is Solicitor General of Vermont, which filed an amicus brief with 34 other states in the Commonwealth of Puerto Rico in support of the federal government, and Vivek Krishnam Murphy is visiting lecture at UC Davis School of Law and
1:45.0	clinical attorney with a cyber law clinic at Harvard Law School, he filed an amicus
	...

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