Microsoft Ireland, the CLOUD Act, and International Lawmaking 2.0

Jennifer Daskal

eYLS (Yale Law School) · 2018 · 65 citations · 0 references

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Abstract

On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.