Congress Should Decide Issues in US v. Microsoft, Amicus Briefs Argue

Congress should decide the issues in U.S. v Microsoft​ (see 1710160009), said a brief filed Thursday by lawmakers including Sens. Orrin Hatch, R-Utah, Chris Coons, D-Del., and Rep. Doug Collins, R-Ga. Oral argument will be Feb. 27 in the case involving U.S. law enforcement authority to compel ISPs to disclose electronic information stored outside the country (see 1708010053). The lawmakers argue the court shouldn't interpret federal law to reach overseas but rather let Congress address the issue, which it began examining in the bipartisan International Communications Privacy Act. BSA|The Software Alliance and other industry groups filed an amicus brief Thursday arguing current laws don’t authorize law enforcement warrants for accessing digital evidence stored outside the U.S. The government’s position would subject U.S. companies to conflicting legal obligations among sovereign nations, and open the door to challenges from other nations seeking the same information from U.S. citizens, the brief said. It concurs with the lawmakers’ position that Congress should decide.