Manufacturers Score Win in Microsoft Case

Now It’s Time for Congress to Find Long-Term Solution

Washington, D.C., July 14, 2016 – Today, the 2nd Circuit Court of Appeals overturned a troubling lower court decision holding that the government can use a search warrant issued in the United States under the Stored Communications Act to gain access to digital content owned by a non-U.S. customer and located outside of the United States. The Manufacturers’ Center for Legal Action (MCLA) applauds this decision, which we supported in an amicus brief, as a major win for the global competitiveness of U.S. manufacturers.

“This is a win for manufacturers, whose success is increasingly reliant on technology, including cloud computing,” said Linda Kelly, Senior Vice President and General Counsel with the National Association of Manufacturers. “Simply because data is stored digitally does not mean that U.S. companies should be forced to produce their customers’ private information, no matter where it is located in the world. The lower court holding was out of step with international law, and if allowed to stand, would have had a chilling effect on the ability of U.S. companies to compete internationally.”

The NAM is also actively pursuing legislative solutions with our leaders on Capitol Hill to address this issue. Our industry leverages advanced technology, such as the cloud, to create jobs in the United States and to maintain our competitive advantage around the world. It is now more important than ever that Congress work on updating our laws to reflect modern manufacturing and the technology leadership of manufacturers.

TheMCLA serves as the leading voice of manufacturers in the courts, representing the more than 12 million men and women who make things in the United States. The MCLA strategically engages in litigation as a direct party, intervenes in litigation important to manufacturers and weighs in as amicus curiae on important cases. To learn more about the MCLA, visit our website.


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The National Association of Manufacturers (NAM) is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12 million men and women, contributes $2.17 trillion to the U.S. economy annually, has the largest economic impact of any major sector and accounts for more than three-quarters of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Shopfloor, Twitter and Facebook, please visit www.nam.org.