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Supreme Court Case Between Microsoft And The United States

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This Supreme Court case between Microsoft and the United States government initially started from a drug trafficking case that occurred in December of 2013. A New York County judge issued a warrant to retrieve electronic data regarding this case that was denied by Microsoft based on a law created in 1986 known as the Electronic Communications Privacy Act. This response from Microsoft led to an appeal to the Second Circuit court which resulted in a decision on Microsoft’s behalf. The court's decision held that the government cannot force internet service providers to turn over data stored in other countries, even with a warrant. The United States government, in turn, appealed the Second Circuit court’s decision which moved the case to the Supreme Court.

Microsoft is an American stationed corporation and is one of the leading global retailers and designers of computer software. Although Microsoft's corporate headquarters is located in Redmond, Washington, it has offices in more than 60 countries worldwide. Like many software companies, Microsoft is challenged with having to store its data. One of today's options for storing this data is the cloud. …show more content…

When something is in the cloud it is stored on internet servers instead of your computer’s hard drive. Dropbox and Google Drive are some of the most commonly used cloud-based storage services. One is able to access the cloud from anywhere, so long as their device has internet access, regardless of where the internet servers are located. This all holds true even for emails and texts sent from your phone. So when you delete an email, photo, text, etc. it is never really deleted but instead is moved throughout the servers. With respect to this Supreme Court case, the requested data happens to be in Dublin,

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One of the first Supreme Court Cases that have happened to obtained Women’s Rights was in 1971. In 1971, there was a Supreme Court Cases called Phillips V. Martin Marietta Corporation. In of this court case Phillips tried to apply for a job of being of a preschool teacher and was denied. Phillips wasn’t the only one who applied and didn’t receive the job, since 80% of the applicants were denied because the were all women. So, once has just Phillips found out that she was denied from a job, just by her gender she took it the authorities to show them what Martin Marietta Corp. was doing.

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The United Sates v. Microsoft anti trust case was based on the United Sates Justice Department’s assertion that Microsoft was monopolizing the software industry and making it too difficult for competitors to engage in the industry. Specifically, they were focused on the fact that Microsoft included software for their own web browser, Internet Explorer, with the purchase of each Microsoft PC. The plaintiff claimed that this was unfair to competing web browsers such as Netscape. The Justice Department had already had issues with Microsoft’s business practices prior to the 1998 anti trust case.

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In 2007, government leaders in Minnesota established their “rules of Civil Procedure” which was similar to that of the Supreme Court (Posselist, 2010).On the other hand, the state of New Jersey implemented the original law presented by the Supreme Court without any modification (Posselist, 2010). Instead of changing the law, states such as: Kansas, Ohio and Virginia augmented it by adding more stipulations (Posselist, 2010). Many people believe that the eDiscovery project and organizational leaders don’t provide enough security measures to protect their information. However, many employees and users of the Microsoft Outlook program are not aware of the numerous downfalls associated with the program which can increase security concerns. First, it is very easy to erase an attached file from an email or manipulate the document, despite the storage location (Lindsey, 2013).

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The United States vs. Microsoft antitrust case involved the accusation that Microsoft was becoming a Monopoly and was engaging in abusive practices to stay in control of the market. In the case the judge ruled that Microsoft violated the Sherman Antitrust Act. The main violation was making deliberate choices to make the web browser on PCs connected to Windows operating system to stop any innovation. The point of these attempts was to make sure there were no other Intel compatible operating systems. Since Internet Explorer was downloaded on every Windows computer they made it difficult for other compatible browsers to come into the market.

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The data is saved and synched across connected devices to save time and flexibility. Windows also support similar feature by using OneDrive, it is more flexible and advanced than Apple 's iCloud. One of the great thing about windows is, you can install windows OS on any PC and start using it including Mac

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The side of this debate that supports less strict criteria for warrantless search of the digital information of cell phones is law enforcement, which is made up of various entities that track American citizen’s data to keep the country safe. Government lawyers and supports of warrantless cell phone searches argue that “searching a cell phone is no different than search other items commonly found on a person at the time of arrest.” In addition, they point out that prohibiting these searches would hurt prosecutors’ chances of proving guilt in drug trafficking cases because of the widespread use of cell phones by drug dealers in order to move their products. At surface level it seems that the Court has just required police to get warrants before checking cell phones, but the ruling could lead to questions about the NSA’s capacity to conduct warrantless search on American’s data. Government institutions, primarily the NSA, have used “section 215 of the Patriot Act” to analyze American’s phone data, but this ruling could show that the Court is attempting to better protect the Fourth Amendment rights of citizens by stopping

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On the other hand I think that data not being fully deleted can be a good thing for privacy and safety reasons. Say if a criminal tried to delete evidence from their device that could be used in an investigation, some of the data may still remain. Investigators could then use this evidence against the criminal to find if they are guilty or not. The ghost in the machine is known as the data that is not fully deleted.

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The United States v. Microsoft Corporation was a case based off of the United States antitrust law. This law states that this corporation acted out of conduct and did not promote fair competition for the benefit of consumers. The Microsoft Corporation faced the issue of being blamed for becoming a monopoly and taking part in practices that violated the Sherman Antitrust Act in both sections one and two. The plaintiffs claimed that Microsoft abused their power in regards to how they handled their web browser and operating system sales by bundling Microsoft with Internet Explorer. By doing this, Microsoft was present on all Windows users’ computers which was allegedly the reason why they won the browser wars.

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In the United States, the Constitution guarantees its citizens certain rights. The Constitution is also the basis of many processes used in the criminal justice system. This essay will provide the case law that would allow the search of the suspect’s office computer, as well as detail the investigative technique used to trace the instant message communication. The Fourth Amendment limits the power and authority of law enforcement agencies when securing people and/or their persons, houses, papers, and effects against unreasonable searches and seizures (Peak, 2012, p. 289).

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The development of technology was an unforeseen source of dispute in interpreting and applying the Constitution. Technologic aid in investigating crime and gathering evidence is often up for debate, particularly in the context of the Fourth Amendment. In the case at hand, petitioner Chester Comerford seeks to suppress evidence of his involvement in drug manufacture and distribution on the basis of a violation of his Fourth Amendment rights when the Federal Bureau of Investigation (FBI) made use of warrantless IMSI tracking to establish probable cause for a later warrant. For a number of reasons to be addressed, the FBI did not need a warrant to obtain this information, and thus the evidence shall not be suppressed. The court should uphold Comerford’s conviction on the basis of the following discussion.

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In the case United States v. Microsoft antitrust, Microsoft was accused of running a monopoly with their Internet browser. Microsoft’s Internet browser, Internet Explorer, was a competitor in the battle between Internet browsers at that time. Browsers had to be bought separately during this time and Microsoft began including their browser with their operating system Microsoft Windows giving them an advantage. This basically meant everyone that had a Microsoft computer were using Internet explorer browsers. Accusations were first initiated in 1998 on the basis of violating the Sherman Antitrust Act.

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Introduction In Microsoft Corp. Ltd. v. i4i Ltd. Partn., the Supreme Court announced that “clear and convincing evidence” is the proper standard of proof for launching patent invalidity defense under 35 U.S.C.§282. The decision resolved the split among federal circuits as to the appropriate standard of proof required for a patent invalidity defense. Procedural Background i4i Ltd. Partnership, is a software consulting firm that creates, markets and sells software products.

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Microsoft Co. is a monopoly. It is the biggest software organization in the world. It produces most of operating systems for all PCs: Windows, DOS. Microsoft also produces the main word processors and spreadsheets for both Windows and Macintosh operating systems. Microsoft has an 85% market share of the office suite market, which includes Microsoft Word, Microsoft PowerPoint, Microsoft Excel and so on (Cs.stanford.edu, 2016).

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These include some well-known technology companies such as Apple, Google, IBM, Oracle and more. Microsoft is a very diverse company that offers many different products and services. However, it does face some heavy competition in key areas of the technology sector. Microsoft’s first focus was software and even though they still have a strong emphasis and this sector, they have branched out into other areas as well.

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