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Statutory Interpretation, Not Tech Specifics, Likely to Decide U.S. v. Microsoft

Legaltech News

05 Mar 2018

Morrison & Foerster’s David A. Newman and John P. Carlin analyzed the arguments in United States v. Microsoft in the Legaltech News article “Statutory Interpretation, Not Tech Specifics, Likely to Decide U.S. v. Microsoft.”

“Among the government arguments is that the warrant should be viewed as akin to a subpoena,” Mr. Newman said. “But not all of the justices seemed to accept that based on their oral arguments.”

Mr. Newman continued: “I think it will be challenging for the court to come up with a rule that distinguishes different kinds of cross-border data storage practices from one another.” 

According to Mr. Carlin, many justices agree that there are better venues in which to resolve this kind of statutory question: “The justices may disagree on the merits of the case, but they clearly agreed the best forum to resolve this was not the court, but Congress.”

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