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Bancroft Partner Jeffrey Harris Participates in Panel Discussion on Second Circuit Electronic Privacy Ruling

On August 8, 2016, Bancroft partner Jeffrey Harris participated in a discussion hosted by the Federalist Society regarding the Second Circuit’s recent decision in Microsoft v. United States, No. 14-2985.  That decision addressed a number of important issues regarding electronic privacy and national sovereignty, holding that the U.S. government could not compel Microsoft to produce emails that were stored on servers in Ireland.  The court held that disclosure of this information is ultimately governed by Irish and European law, and that the Mutual Legal Assistance Treaty process is the proper way for the U.S. government to obtain access to such information.  The panel discussion also addressed the need for comprehensive legislation to address these issues, focusing in particular on the pending International Communications Privacy Act, which would update and modernize the relevant statutory framework.