Brief of Amici Curiae Fourth Amendment Scholars in Support of the Respondent in United States v. Microsoft

27 Pages Posted: 12 Feb 2018

See all articles by Morgan Cloud

Morgan Cloud

Emory University School of Law

Date Written: January 18, 2018

Abstract

Although this case involves technologies developed relatively recently, the issue it presents can be resolved by drawing on principles of property law that are embedded in the text of the Fourth Amendment and that have animated its interpretation since its ratification in 1791. Because execution of the warrant at issue in this case would require a trespass upon an email user’s property (as well as an invasion of his privacy) in Ireland, such execution would result in an impermissible extraterritorial application of the Stored Communications Act (“SCA”).

Suggested Citation

Cloud, Morgan, Brief of Amici Curiae Fourth Amendment Scholars in Support of the Respondent in United States v. Microsoft (January 18, 2018). Emory Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=3119435 or http://dx.doi.org/10.2139/ssrn.3119435

Morgan Cloud (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

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