Brief of Amici Curiae Fourth Amendment Scholars in Support of the Respondent in United States v. Microsoft
27 Pages Posted: 12 Feb 2018
Date Written: January 18, 2018
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: Suggested Citation