BSA | The Software Alliance Statement on Department of Justice Decision Regarding Microsoft Warrant Case
WASHINGTON – June 23, 2017 – Today, the US Department of Justice decided to seek Supreme Court review of the Microsoft warrant case, in which the Second Circuit found that US law enforcement cannot compel US-based companies to turn over the contents of their customers’ data stored abroad. As this case has shown, there is an increasingly urgent need for Congress to create a modern framework, like the International Communications Privacy Act (ICPA), that establishes a legal standard for accessing all electronic communications. Cloud-based digital services are increasingly becoming the backbone of the global economy – in the US alone, the software industry contributes $1 trillion to the GDP and supports almost 10 million US jobs. Congress should establish clear rules for digital service providers that protect privacy while also ensuring that law enforcement can access evidence in a timely manner. BSA applauds the Senate and House Judiciary Committees for holding recent hearings on lawful access to data stored abroad and urges Congress to build on this momentum by taking up legislation like ICPA as soon as possible.