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Microsoft v. United States (2016): Table of Contentsby@legalpdf

Microsoft v. United States (2016): Table of Contents

by Legal PDF: Tech Court CasesNovember 3rd, 2023
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In 2013, Microsoft challenged a warrant by the Federal Bureau of Investigation (FBI) to turn over emails of a target account stored in Ireland.

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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 is the table of links with all parts.

Case Number: 14‐2985

Plaintiff: Microsoft

Defendant: United States

Circuit Judge: Judge Lynch and Susan L. Carney

District Judge: Honorable Victor A. Bolden

Filing Date: October 11, 2016

Location: United States Court of Appeals for the Second Circuit

TABLE OF CONTENT

INTRODUCTION


BACKGROUND

I. Microsoft’s Web‐Based E‐mail Service

II. Procedural History

III. Statutory Background

A. The Electronic Communications Privacy Act of 1986

B. The Technological Setting in 1986

C. The Stored Communications Act


DISCUSSION

I. Standard of Review

II. Whether the SCA Authorizes Enforcement of the Warrant as to Customer Content Stored in Ireland

A. Analytic Framework

B. Morrison and the Presumption Against Extraterritoriality

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

  1. Plain Meaning of the SCA
  2. The SCA’s Use of the Term of Art “Warrant”
  3. Relevance of Law on “Subpoenas”

D. Discerning the “Focus” of the SCA

  1. The SCA’s Warrant Provisions
  2. Other Aspects of the Statute
  3. Legislative History

E. Extraterritoriality of the Warrant


CONCLUSION

CONCLUSION - I

CONCLUSION -II

CONCLUSION -III




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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.