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The US Conceded That The Warrant Presented to Microsoft Did Not Apply to Overseas Locationsby@legalpdf

The US Conceded That The Warrant Presented to Microsoft Did Not Apply to Overseas Locations

by Legal PDF: Tech Court CasesNovember 3rd, 2023
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The government conceded at oral argument that the warrant provisions of the SCA do not contemplate or permit extraterritorial application.

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Microsoft v. United States (2016) Court Filing, retrieved on July 14, 2016, is part of HackerNoon’s Legal PDF Series. You can jump to any part in this filing here. This part is 10 of 22.

C. Whether the SCA’s Warrant Provisions Contemplate Extraterritorial Application

We dispose of the first question with relative ease.  The government conceded at oral argument that the warrant provisions of the SCA do not contemplate or permit extraterritorial application.[19] Our review of the statute confirms the soundness of this concession.




[19] When asked, “What text in the Stored Communications Act do you point to, to support your assertion that . . . Congress intended extraterritorial application?”, the government responded, “There’s no extraterritorial application here at all.”  Recording of Oral Argument at 1:06:40– 1:07:00.  Later, when Judge Lynch observed, “I take it that suggests that the government actually agrees that there shall not be extraterritorial application of the Stored Communications Act . . . what this dispute is about is about the focus of the statute and what counts as an extraterritorial application of the statute,” the government answered, “That’s right, Judge.”  Id. at 1:25:38– 1:26:05.


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This court case No. 15–777 retrieved on September 27, 2023, from cases.justia.com is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction.