Symposium: Business decisions should not control whether law enforcement can investigate local crimes

Should a private company be able shield evidence of a crime from law enforcement by electronically sending that evidence out of the country? That, in a nutshell, is what the Supreme Court must decide in United States v. Microsoft. In the decision below, a panel of the U.S. Court of Appeals for the 2nd Circuit answered “yes.” Not surprisingly, every other court to consider the question — more than a dozen at last count — has emphatically answered “no.”