FBI v Apple, Microsoft v Department of Justice, and Post-Riley Cell Phone Searches: Rediscovering the Fourth Amendment
A research resource developed by Professor Clark D. Cunningham, W. Lee Burge Chair in Law & Ethics, Georgia State University College of Law
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Microsoft Corporation v. United States Department of Justice (US District Court for the Western District of Washington) (lawsuit filed in Seattle challenging "gag orders" that prevent customer notification of warrants)
Stipulation and Order for Amended Complaint and Briefing Schedule on Motion to Dismiss (6/14/16)
First Amended Complaint for Declaratory Relief (6/17/16)
ACLU Proposed Complaint in Intervention for Declaratory and Injunctive Relief (5/26/16)
DOJ Brief in Opposition to ACLU Motion to Intervene (6/29/16) ("(“nowhere does ACLU set forth a non-speculative allegation that the Government has ever obtained its communications from Microsoft pursuant to a Section 2703 warrant, or that the Government is likely to do so in the future”)
Reply filed by Proposed Intervenor Plaintiffs American Civil Liberties Union to DOJ Brief in Opposition to Intervention (7/8/16)
("The government's arguments would create a catch-22 in which neither Microsoft nor its customers could challenge the government's failure to give notice at the point when the denial of that right matters the most.")
DOJ Motion to Dismiss (7/22/16) ("“Microsoft cannot establish standing because it asserts only the Fourth Amendment interests of its customers… only the person whose Fourth Amendment rights were violated can sue to vindicate those rights")
Response by Plaintiff Microsoft Corporation, to Motion to Dismiss (Oral Argument Requested) (8/26/16)
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Declaration of Ambika K. Doran in Opposition to Motion to Dismiss by Plaintiff Microsoft Corporation (8/26/16)
Response by Proposed Intervenor Plaintiffs American Civil Liberties
Union to Motion to Dismiss (8/26/16)
Order Denying ACLU Motion to Intervene (8/29/16)
DOJ Reply Supporting Motion to Dismiss (9/23/16)
-- Exhibit to DOJ Reply (9/23/16)(Report from the Secret Committee on the Post Office, House of Commons 1844)
Amicus Briefs filed September 2, 2016
-- Three Former US Attorneys and former FBI Agent in Charge
-- Cloud-Based Companies
-- News Media
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Electronic Frontier Foundation, Access Now, New America’s Open Technology Institute, Jennifer Granick
-- Law Professors
Link to Microsoft Corporation v. United States: In the Matter of of a Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corporation (2d Cir.) (warrant for email stored by Microsoft in server located in Ireland)
Resources
Steven William Smith,
Gagged, Sealed & Delivered: Reforming ECPA's Secret Docket, 6 Harvard Law & Policy Review 313 (2012) (Smith is a U.S. Magistrate Judge for the Southern District of Texas, Houston Division).