Does the Electronic Communications Privacy Act Cover Data Stored in a Foreign Country?

The Federal government will face off Wednesday against Microsoft in a case that could determine the reach of a U.S. warrant to access data stored overseas.

Microsoft is fighting a government warrant demanding it turn over a user's email account stored at a data center in Dublin, Ireland, in a case that has broader implications for the emerging business of cloud storage.

Both sides will have a final chance to plead their case on Wednesday morning during oral arguments at the U.S. Appeals Court for the Second Circuit in New York. The case will be heard by three Obama appointees: Judge Gerard Lynch, Judge Susan Carney and Connecticut District Judge Victor Bolden.

Microsoft argues the authors of the 1986 law guiding government access to electronic communication could not have anticipated today's model for data storage in foreign countries, and the courts should not be in the business of rewriting law. The government, however, argues that the case should not turn on where the information is stored. Instead, it should focus on the fact that Microsoft is a U.S. based company under the government's jurisdiction.

The technology industry is rallying behind Microsoft. Companies like Amazon, Apple, Cisco, HP, eBay, and Salesforce, as well as news organizations like CNN, Fox News, NPR and The Washington Post have filed friend-of-the-court briefs supporting Microsoft's side.

The company has also pushed a public relations and lobbying campaign to get Congress to settle the issue outside the courts with an update to the Electronic Communications Privacy Act.











NYC Wins When Everyone Can Vote! Michael H. Drucker

WA to offer voter registration on Facebook

Washington will become the first state to offer voter registration via Facebook with a new application to be launched as soon as next week, according to a state election official. Once online, the app will be accessible on the secretary of state's Facebook page, said Shane Hamlin, co-director of elections for the state.
Washington, which has approximately 3.7 million registered voters, conducts elections entirely by mail and enacted online registration in 2008. Since online registration started, Hamlin said close to 500,000 voter registrations or address changes have been processed.

Facebook, Washington state and Microsoft have teamed up to create an app that allows users to register on the social media site through the state's new "MyVote" app. The effort came about last fall when Microsoft approached Washington state after Facebook contacted the software giant with the idea.

When Facebook users download the application, they will have to agree to allow Facebook to access their information, including name and date of birth, which is pre-filled into the voter registration form. Users will still need to enter information from a driver's license or state ID card number to verify their identities in real-time through a state database. Once you "like" the app you can recommend your friends to like it and download it too.

When asked about concerns on whether Facebook will have access to voters' information, Hamlin reassured voters that "Washington state is collecting the voter information, not Facebook"

Besides registering to vote on Facebook, Washington residents will be able to update personal information, access customized voter guides with candidate info and ballot measures, as well as access replacement ballots.

While working in Washington from 1996 to 1999, I did consulting projects in 1997 for Microsoft on building the ability to purchase and download software over the Internet. My part was the authorization and security validation. I also worked on the E-Government projects in England and Denmark. In 2008, I produced the world review of E-Government projects for the United Nations.









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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