CMR 108 Discussion “You Be the Judge 1: Microsoft v. United States”

You Be the Judge 1: Microsoft v. United States

Read the “You Be the Judge” on p. 50 of the text. It is the case of Microsoft v. U.S. For those students who do not have a textbook yet, this case summary will help you complete the assignment.

Review the facts, and the arguments of each party in the case. 

Discuss:

1. what point of law needs to be decided; and

2. as the judge, decide for one party or the other. State your reasoning. Try to go beyond reiterating the argument given in the text. Also, don’t rely on your instinct. Apply the law.

For this YBTJ, I’ll provide the issue. It is – was Microsoft required under the Stored Communications Act to turn over the requested emails stored in its Dublin database.

Your response is due by on Sunday night by 11:55pm. This assignment is in a discussion forum so feel free to comment on your classmates’ responses.

Note that there are no right or wrong answers in this exercise. I want to see that you can identify the issues in the case and provide a rationale decision based on what you learned.