No. 17-2 IN THE Supreme Court of the United States IN THE MdATTER OF A WARRANT TO SEARCH A CERTAIN EMAIL ACCOUNT CONTROLLED AND MAINTAINED BY MICROSOFT CORPORATION UNITED STATES OF AMERICA, Petitioner, —v.— MICROSOFT CORPORATION, Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT BRIEF OF PRIVACY INTERNATIONAL, HUMAN AND DIGITAL RIGHTS ORGANIZATIONS, AND INTERNATIONAL LEGAL SCHOLARS AS AMICI CURIAE IN SUPPORT OF RESPONDENT LAUREN GALLO WHITE BRIAN M. WILLEN RYAN T. O’HOLLAREN Counsel of Record WILSON, SONSINI, GOODRICH BASTIAAN G. SUURMOND & ROSATI, P.C. WILSON, SONSINI, GOODRICH One Market Plaza Spear Tower, & ROSATI, P.C. Suite 3300 1301 Avenue of the Americas, San Francisco, California 94105 40th Floor (415) 947-2000 New York, New York 10019
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[email protected] [email protected] [email protected] Attorneys for Amici Curiae (Counsel continued on inside cover) CAROLINE WILSON PALOW SCARLET KIM PRIVACY INTERNATIONAL 62 Britton Street London, EC1M 5UY United Kingdom
[email protected] [email protected] i QUESTION PRESENTED Whether construing the Stored Communications Act (“SCA”) to authorize the seizure of data stored outside the United States would conflict with foreign data-protection laws, including those of Ireland and the European Union, and whether these conflicts should be avoided by applying established canons of construction, including presumptions against extra- territoriality and in favor of international comity, which direct U.S. courts to construe statutes as applying only domestically and consistently with foreign laws, absent clear Congressional intent. ii TABLE OF CONTENTS PAGE QUESTION PRESENTED ..........................