Sunday, April 15, 2018

How Much of Our Liberty Will SCOTUS Take Away in the Microsoft Case?

The DOJ's primary argument is that the Courts have fashioned another stumbling block to fetter law enforcement while providing criminals with a safe haven.

The DOJ's insistence that the Second Circuit failed to consider the distinction between information ephemerally stored "In the cloud" and "Traditional" documentary evidence is specious.

Although much talk has been made regarding the CLOUD Act, the existing rules at issue in this dispute are neither mutable nor cryptic.

The DOJ complains that the MLAT process is too slow and cumbersome had the DOJ followed the rules and the law, it would have years ago obtained the information it claims was urgently required.

The DOJ's ham-fisted approach infringes on the sovereignty of other countries and risks a significant conflict of law between friendly nations.

One must be exceedingly wary of the motives of the DOJ and even the CLOUD Act itself if the DOJ finds comfort with its terms.

This is especially true as regards the DOJ's historic degradation of individual liberty when in conflict with the DOJ's purely prosecutorial motives.

https://www.americanthinker.com/articles/2018/04/how_much_of_our_liberty_will_scotus_take_away_in_the_emmicrosoftem_case.html 

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