Court agrees to take on US-Microsoft dispute over emails
Lawyer Blogs
The Supreme Court agreed Monday to take on a major dispute over the government's authority to force American technology companies to hand over emails and other digital information sought in criminal probes but stored outside the U.S.
The justices intervened in a case of a federal drug trafficking investigation that sought emails that Microsoft keeps on a server in Ireland. The federal appeals court in New York said that the emails are beyond the reach of a search warrant issued by an American judge.
The Trump administration and 33 states told the court that the decision is impeding investigations into terrorism, drug trafficking, fraud and child pornography because other courts are relying on the ruling in preventing U.S. and state authorities from obtaining information kept abroad.
The case is among several legal clashes that Redmond, Washington-based Microsoft and other technology companies have had with the government over questions of digital privacy and authorities' need for information to combat crime and extremism.
Privacy law experts say the companies have been more willing to push back against the government since the leak of classified information detailing America's surveillance programs.
The case also highlights the difficulty that judges face in trying to square decades-old laws with new technological developments. In urging the high court to stay out of the case, Microsoft said Congress needs to bring the law into the age of cloud computing.
In 2013, federal investigators obtained a warrant under a 1986 law for emails from an account they believe was being used in illegal drug transactions as well as identifying information about the user of the email account.
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
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Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.