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) MoranPompeo pressed on possible Senate run by Kansas media Jerry Moran: 'I wouldn't be surprised' if Pompeo ran for Senate in Kansas Senators introduce bill aimed at protecting Olympic athletes in response to abuse scandals MORE (Kan.) and Sens.-elect Dan Sullivan (Alaska), Cory GardnerCory Scott Gardner The 13 Republicans needed to pass gun-control legislation Bolton returns to political group after exiting administration The Hill's Morning Report — Trump's hurricane forecast controversy won't go away MORE (Colo.) and Steve Daines (Mont.). On the Democratic side, Sens. Tom UdallThomas (Tom) Stewart UdallOvernight Energy: Trump to revoke California's tailpipe waiver | Democrats propose bill to revoke Trump endangered species rollback | Trump officials finalize rule allowing fewer inspectors at pork plants Here are the lawmakers who aren't seeking reelection in 2020 Democrats propose bill to revoke Trump endangered species rollback MORE (N.M.), Joe ManchinJoseph (Joe) ManchinO'Rourke gun confiscation talk alarms Democrats Clarence Thomas, Joe Manchin, Rudy Giuliani among guests at second state visit under Trump Schumer: I don't know any 'Democrat who agrees' with O'Rourke on gun seizures 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 PryorMedicaid rollback looms for GOP senators in 2020 Cotton pitches anti-Democrat message to SC delegation Ex-Sen. Kay Hagan joins lobby firm 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 BoxerHillicon 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 Only four Dem senators have endorsed 2020 candidates MORE (D-Calif.) is giving up her Commerce assignment, and GOP Sens. Dan CoatsDaniel (Dan) Ray CoatsTimeline: The Trump whistleblower complaint Trump has named more ex-lobbyists to Cabinet in 3 years than Obama, Bush did in full terms: report Hillicon Valley: FCC approves Nexstar-Tribune merger | Top Democrat seeks answers on security of biometric data | 2020 Democrats take on Chinese IP theft | How Google, Facebook probes are testing century-old antitrust laws MORE (Ind.) and Tim ScottTimothy (Tim) Eugene ScottTrump judicial picks face rare GOP opposition To boost minority serving institutions, bipartisan Future Act needs immediate action Cruz to oppose Trump appeals court pick MORE (S.C.) are too. 

The Senate Judiciary Committee is getting three new Republicans: Sens. David VitterDavid Bruce VitterGrocery group hires new top lobbyist Lobbying World Senate confirms Trump judge who faced scrutiny over abortion views MORE (La.), and Sens.-elect David Perdue (Ga.) and Thom Tillis (N.C.). Democrats are losing one member: Sen. Mazie HironoMazie Keiko HironoDemocratic senators introduce bill to block Trump 'public charge' rule Overnight Health Care: Juul's lobbying efforts fall short as Trump moves to ban flavored e-cigarettes | Facebook removes fact check from anti-abortion video after criticism | Poll: Most Democrats want presidential candidate who would build on ObamaCare Lawmakers urge DNC to name Asian American debate moderator MORE (Hawaii).

The Intelligence Committee will bring on Hirono, along with three new Republicans: Roy BluntRoy Dean BluntClarence Thomas, Joe Manchin, Rudy Giuliani among guests at second state visit under Trump McConnell support for election security funds leaves Dems declaring victory Paul objection snags confirmation of former McConnell staffer MORE (Mo.), and Sens.-elect James Lankford (Okla.) and Tom CottonThomas (Tom) Bryant CottonZuckerberg woos Washington critics during visit Zuckerberg to meet with lawmakers to discuss 'future internet regulation' 2020 Democrats raise alarm about China's intellectual property theft 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 UdallPoll: Trump trails three Democrats by 10 points in Colorado The Hill's Morning Report — Trump and the new Israel-'squad' controversy Colorado candidates vying to take on Gardner warn Hickenlooper they won't back down 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 FeinsteinFeinstein calls on Justice to push for release of Trump whistleblower report Senate Judiciary Committee requests consultation with admin on refugee admissions Trump reignites court fight with Ninth Circuit pick 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 WydenOvernight Energy: California, 23 other states sue Trump over vehicle emissions rule | Climate strike protests hit cities across globe | Interior watchdog expands scope of FOIA investigation | Dems accuse officials of burying climate reports Microsoft to provide free updates for voting systems running Windows 7 through 2020 Interior watchdog investigating political appointees' review of FOIA requests MORE (D-Ore.) argued in a Los Angeles Times op-ed. 

 

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