Today, the Second Circuit — in a four-to-four split — denied rehearing in the Microsoft Ireland case (a case I have blogged about here, here, and here). The 60-page explanation (one concurring opinion and four dissents) is here. The result: US warrant authority only extends to stored communications content that is located in the United States. This is so even if the United States is investigating a U.S. citizen in connection with a local crime; so long as the sought-after data is held abroad, it is inaccessible by a US warrant.
This is a result that has negative implications for our privacy, security, and economy — and calls out for legislative action in response. I will have more to say soon. . .