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
Back to Burge Chair Home Page: www.ClarkCunningham.org
Back to FBI v Apple Home Page

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)

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”)
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")

Amicus Briefs
-- Three Former US Attorneys and FBI Agent in Charge

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)

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).