According to David A. Newman in the eWeek article “Supreme Court Appears Divided on Microsoft Cloud Data Privacy Case,” both sides agree in United States v. Microsoft that the Stored Communications Act does not adequately deal with the issues of a modern Internet, and it’s an issue that may be better suited for Congress to remedy.
“The justices across the spectrum all agree that Congress was better positioned to fashion a rule that could resolve this than the Supreme Court was,” he said. “The challenge in this case is that the 1986 law is not a good fit, and never contemplated the 21st century storage practices that are now widespread.”
Additionally, Mr. Newman said that the court is struggling with having to make a decision in which there was no choice that was entirely satisfactory.
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