OVERNIGHT TECH: Tech giants help Microsoft in DOJ fight

THE LEDE: Some big names are supporting Microsoft's case against the Justice Department over a warrant for emails and other data stored on a foreign server. 

Verizon, Apple, Cisco, the U.S. Chamber of Commerce and the American Civil Liberties Union were among the organizations filing friend-of-the-court briefs on Monday in the computer giant’s case in the Second Circuit Court of Appeals.

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The case centers on Microsoft’s challenge to a warrant ordering it to hand over information on a data server in Ireland, which the company says the U.S. cannot do without the host nation’s permission.

The Chamber of Commerce, National Association of Manufacturers, Center for Democracy and Technology, ACT | The App Association and BSA | The Software Association filed a joint brief claiming that the government’s arguments would lead to "substantial" negative impacts for the U.S. economy. Additionally, the groups pointed to the Supreme Court’s recent unanimous ruling ordering police to obtain a warrant before searching a suspect’s cellphone. As in that case, the government wants "to leverage a significant real-world difference between physical evidence and electronic data... to expand its authority," they claimed. 

Verizon, Cisco, Hewlett-Packard, eBar, Salesforce and Infor issued similar warnings that the lower court’s ruling in favor of the government would "upset" international agreements and "spur retaliation by foreign governments, which will threaten the privacy of Americans and non-Americans alike."

In a blog post, Microsoft executive vice president Brad Smith called the support "an important milestone" in the legal battle. Earlier in the day, Smith joined some of the tech industry and civil liberties backers of his company’s position to press for congressional and administrative action. 

VA getting help from Watson: IBM’s Watson supercomputer is going to work at the Department of Veterans Affairs to keep better tabs on vets' health records. The "Jeopardy"-champion technology will help VA doctors keep track of and analyze electronic medical records, the company announced on Monday.  

Senate Commerce Committee shakeup: The Senate Commerce Committee is seeing the biggest shakeup in its membership, among panels important to the technology community. Seven new members are joining, including four Republicans: Sens. Jerry MoranGerald (Jerry) MoranOvernight Defense: War powers fight runs into impeachment | Kaine has 51 votes for Iran resolution | Trump plans to divert .2B from Pentagon to border wall War powers fight in Senate runs squarely into impeachment Third GOP senator says he'll support Iran war powers resolution MORE (Kan.) and Sens.-elect Dan Sullivan (Alaska), Cory GardnerCory Scott GardnerJuan Williams: Counting the votes to remove Trump George Conway group drops ad seeking to remind GOP senators of their 'sworn oaths' ahead of impeachment trial Mitch McConnell may win the impeachment and lose the Senate MORE (Colo.) and Steve Daines (Mont.). On the Democratic side, Sens. Tom UdallThomas (Tom) Stewart UdallOvernight Defense: Foreign policy takes center stage at Democratic debate | House delivers impeachment articles to Senate | Dems vow to force new vote on Trump's border wall Democrats vow to force third vote on Trump's border wall emergency declaration Overnight Defense: War powers fight runs into impeachment | Kaine has 51 votes for Iran resolution | Trump plans to divert .2B from Pentagon to border wall MORE (N.M.), Joe ManchinJoseph (Joe) ManchinTrump's trial a major test for McConnell, Schumer Poll: West Virginia voters would view Manchin negatively if he votes to convict Trump Pelosi set to send impeachment articles to the Senate next week MORE (W.Va.) and Sen.-elect Gary Peters (Mich.) are joining. 

The committee is losing Chairman Jay RockefellerJohn (Jay) Davison RockefellerBottom Line World Health Day: It's time to fight preventable disease Lobbying World MORE (D-W.Va.) to retirement and Democratic Sens. Mark PryorMark Lunsford PryorTom Cotton's only Democratic rival quits race in Arkansas Medicaid rollback looms for GOP senators in 2020 Cotton pitches anti-Democrat message to SC delegation MORE (Ark.) and Mark BegichMark Peter BegichAlaska political mess has legislators divided over meeting place Former GOP chairman Royce joins lobbying shop Lobbying world MORE (Alaska) to reelection losses. Sen. Barbara BoxerBarbara Levy BoxerFormer Democratic Sen. Barbara Boxer joins DC lobbying firm Hillicon Valley: Ocasio-Cortez clashes with former Dem senator over gig worker bill | Software engineer indicted over Capital One breach | Lawmakers push Amazon to remove unsafe products Ocasio-Cortez blasts former Dem senator for helping Lyft fight gig worker bill MORE (D-Calif.) is giving up her Commerce assignment, and GOP Sens. Dan CoatsDaniel (Dan) Ray CoatsSchiff schedules public hearing with US intel chief  Rod Rosenstein joins law and lobbying firm DHS issues bulletin warning of potential Iranian cyberattack MORE (Ind.) and Tim ScottTimothy (Tim) Eugene ScottSenate panel advances Trump's new NAFTA despite GOP gripes Trump to sign order penalizing colleges over perceived anti-Semitism on campus: report Here are the Senate Republicans who could vote to convict Trump MORE (S.C.) are too. 

The Senate Judiciary Committee is getting three new Republicans: Sens. David VitterDavid Bruce VitterThe biggest political upsets of the decade Red-state governor races put both parties on edge Louisiana Republicans score big legislative wins MORE (La.), and Sens.-elect David Perdue (Ga.) and Thom Tillis (N.C.). Democrats are losing one member: Sen. Mazie HironoMazie Keiko HironoDemocrats request briefing on intel behind Trump's embassy threat claim Former Hawaii Democratic governor calls on Gabbard to resign Gabbard under fire for 'present' vote on impeachment MORE (Hawaii).

The Intelligence Committee will bring on Hirono, along with three new Republicans: Roy BluntRoy Dean BluntSenate GOP mulls speeding up Trump impeachment trial Biden calls for revoking key online legal protection GOP threatens to weaponize impeachment witnesses amid standoff MORE (Mo.), and Sens.-elect James Lankford (Okla.) and Tom CottonThomas (Tom) Bryant CottonHillicon Valley: Lawmakers say Facebook deepfake ban falls short | House passes bills to win 5G race | Feds sound alarm on cyberthreat from Iran | Ivanka Trump appearance at tech show sparks backlash Cotton introduces bill blocking intel sharing with countries relying on Huawei for 5G GOP senators introduce resolution to change rules, dismiss impeachment without articles MORE (Ark.). The committee is losing Rockefeller, ranking Republican Saxby ChamblissClarence (Saxby) Saxby ChamblissThe Hill's Morning Report - Gillibrand drops out as number of debaters shrinks Hoekstra emerges as favorite for top intelligence post Republicans say Democrats holding up disaster relief as 'Sandy payback' MORE (R-Ga.) and Tom CoburnThomas (Tom) Allen CoburnThe Hill's Morning Report — Presented by PhRMA — Worries grow about political violence as midterms approach President Trump’s war on federal waste American patients face too many hurdles in regard to health-care access MORE (R-Okla.) to retirement, while Sen. Mark UdallMark Emery UdallDemocrats will win back the Senate majority in 2020, all thanks to President Trump Poll: Trump trails three Democrats by 10 points in Colorado The Hill's Morning Report — Trump and the new Israel-'squad' controversy MORE (D-Colo.) lost reelection. 

Addressing Executive Order 12333: The Electronic Frontier Foundation said it is a "good sign" that Congress attempted to address Executive Order 12333 in its Intelligence authorization bill last week. But it added the measure does not go nearly far enough and was not given adequate time for debate. The group did not read the provision as granting the government any new authority to collect Americans’ communications, as some have claimed. 

"The procedures in Section 309 try to protect the communications of non-targets, but include massive loopholes," wrote analyst Mark Joycox in a blog post. "These loopholes do not grant any new authority, but they do allow the President to continue the egregious retention and sharing of innocent users' communication, which is a practice that must be stopped."

ON TAP:

The Capitol Forum is hosting a conference on broadband competition featuring top legal, regulatory, advocacy and industry minds starting at 10 a.m. Rep. Henry Waxman (D-Calif.) is giving the keynote address.

The FCC’s deputy chief information officer will talk about how the government uses cloud storage at 2 p.m.

IN CASE YOU MISSED IT:

Sony Pictures is asking news outlets not to publish troves of emails and other information stolen in a massive hack at the film studio. 

Two leading senators on the Commerce and Finance committees expressed confidence Monday that a ban on taxing Internet access will be approved in the new Congress. 

Months after a Supreme Court decision limited the types of patents that could be issued for software, the U.S. Patent and Trademark Office is releasing new guidelines for complying with the order.

Senate Intelligence Committee Chairwoman Dianne FeinsteinDianne Emiel FeinsteinRoberts under pressure from both sides in witness fight Senate opens Trump impeachment trial Democrats ask if US citizens were detained at border checkpoints due to Iranian national origin MORE (D-Calif.) and the broader intelligence community are pushing back on the assertion that an authorization bill approved last week expands U.S. authority to collect Americans' communications.   

The FBI wants to weaken Americans’ digital security, Sen. Ron WydenRonald (Ron) Lee WydenHillicon Valley: Biden calls for revoking tech legal shield | DHS chief 'fully expects' Russia to try to interfere in 2020 | Smaller companies testify against Big Tech 'monopoly power' Lawmakers call for FTC probe into top financial data aggregator Overnight Health Care: Progressives raise red flags over health insurer donations | Republican FTC commish backs Medicare negotiating drug prices | Trump moves to protect money for religious groups MORE (D-Ore.) argued in a Los Angeles Times op-ed. 

 

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