UN Privacy Expert Weighs in on Landmark US Supreme Court Case on Jurisdiction Over Cloud Data

GENEVA (21 December 2017) – The UN Special Rapporteur on the privilege of protection has submitted autonomous master exhortation to the US Supreme Court in a point of interest case.

The court is to settle on the legitimacy of a court order which requires Microsoft to hand over the whole substance of an email account housed in its data center situated in Ireland.

Joseph Cannataci’s master counsel – known as an amicus curiae brief – does not take sides in the situation. It features the potential effect of the Supreme Court administering on the privilege to security and encourages the court to choose the case just on its particular merits and not past, as this may have unintended but rather unfriendly ramifications for the assurance of the privilege to protect around the world.

“There is a hazard that States which slight the privilege to security could utilize the Supreme Court’s choice to legitimize unlawful impedance with this right,” the Special Rapporteur cautioned.

“This is a hard case that brings up extreme issues about who has purview over data put away in the cloud, which is utilized by a great many individuals,” he said.

“Courts have no simple responses to these inquiries on the grounds that there are no exact universal directions set up on how global law treats the internet, a hole which can right now be filled just by States working firmly together,” he included.

The Special Rapporteur and the European MAPPING (Managing Alternatives for Privacy, Property and Internet Governance) Project are right now taking a shot at a draft lawful instrument that would build up a worldwide administrative system for assessing government demands for cloud data.

Given the focal position of the US in the global framework and in giving cloud benefits universally, Mr. Cannataci sees the dynamic and drew in an investment of the US Government in endeavors in managing the internet in such manner as fundamental.

In his master counsel, submitted on 13 December, the Special Rapporteur advised the court against any choice that may hose the Government’s investment in those endeavors.

The Special Rapporteur included that the way toward assembling the amicus curiae brief had been an awesome case of global joint effort, expressing gratitude toward the Cyberlaw Clinic at Harvard Law School, the Security, Technology and e-Privacy Research Group of the University of Groningen (STeP) and the Department of Data Policy and Governance of the University of Malta.

The Supreme Court will hear oral contention for the situation, United States v. Microsoft Corp. (No. 17-2), in 2018. A choice is normal before the finish of June 2018.


Prof. Joseph Cannataci (Malta) was designated as the main Special Rapporteur on the privilege to security by the Human Rights Council in July 2015. He is scholarly who has had a spearheading part in the improvement on data security, protection law, and technology law. A UK Chartered Data Technology Professional and Fellow of the British Computer Society, he additionally keeps on going about as Expert Consultant to various worldwide associations.

The Special Rapporteurs are a piece of what is known as the Special Procedures of the Human Rights Council. Unique Procedures, the biggest group of autonomous specialists in the UN Human Rights framework, is the general name of the Council’s free truth finding and checking components that address either particular nation circumstances or topical issues in all parts of the world. Uncommon Procedures’ specialists take a shot at an intentional premise; they are not UN staff and don’t get a compensation for their work. They are free from any legislature or association and serve in their individual limit.

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