Microsoft believes its refusal to turn over email held in Ireland to the U.S. government got a boost from an opinion of the Supreme Court on Monday, which upheld that U.S. laws cannot apply extraterritorially unless Congress has explicitly provided for it. In a decision Monday in a separate case on the extraterritorial application of a provision of the Racketeer Influenced and Corrupt Organizations Act (RICO), the Supreme Court set out the ground rules for its analysis , pointing out that “absent clearly expressed congressional intent to the contrary, federal laws will be construed to have only domestic application.” The court was applying a canon of statutory construction known as the presumption against extraterritoriality. To read this article in full or to leave a comment, please click here
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