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) MoranOn The Money: Judge upholds House subpoena for Trump financial records | Trump vows to appeal ruling by 'Obama-appointed judge' | Canada, Mexico lift retaliatory tariffs on US | IRS audit rate falls GOP senator calls for resolution of trade dispute: 'Farmers and ranchers are hurting' Frustrated GOP senators want answers from Trump on Iran MORE (Kan.) and Sens.-elect Dan Sullivan (Alaska), Cory GardnerCory Scott GardnerSenate Republicans running away from Alabama abortion law Frustrated GOP senators want answers from Trump on Iran Graham: Trump officials not adequately briefing on Iran threat MORE (Colo.) and Steve Daines (Mont.). On the Democratic side, Sens. Tom UdallThomas (Tom) Stewart UdallOvernight Energy: Democrats push EPA to collect 4K in 'excessive' Pruitt travel expenses | Greens angered over new rules for rocket fuel chemical | Inslee to join youth climate strikers in Las Vegas Democrats push EPA to collect 4K from Pruitt for 'excessive airfare expenses' Overnight Defense: Details on Senate's 0B defense bill | Bill rejects Trump plan to skirt budget caps | Backfills money for border wall | Defense chief says more troops could head to Mideast MORE (N.M.), Joe ManchinJoseph (Joe) ManchinSenate Democrats to House: Tamp down the impeachment talk The Hill's Morning Report - Trump says no legislation until Dems end probes Senate panel approves Interior nominee over objections from Democrats 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 BegichFormer GOP chairman Royce joins lobbying shop Lobbying world Dem governors on 2020: Opposing Trump not enough MORE (Alaska) to reelection losses. Sen. Barbara BoxerBarbara Levy BoxerOnly four Dem senators have endorsed 2020 candidates Hispanic civil rights icon endorses Harris for president California AG Becerra included in Bloomberg 50 list MORE (D-Calif.) is giving up her Commerce assignment, and GOP Sens. Dan CoatsDaniel (Dan) Ray CoatsFive takeaways from Barr's new powers in 'spying' probe Trump declassification move unnerves Democrats Hillicon Valley: Facebook co-founder calls for breaking up company | Facebook pushes back | Experts study 2020 candidates to offset 'deepfake' threat | FCC votes to block China Mobile | Groups, lawmakers accuse Amazon of violating children's privacy MORE (Ind.) and Tim ScottTimothy (Tim) Eugene ScottT.I., Charlamagne Tha God advocate for opportunity zones on Capitol Hill Senate confirms controversial 9th Circuit pick without blue slips Spicer defends Trump's White House correspondents dinner boycott MORE (S.C.) are too. 

The Senate Judiciary Committee is getting three new Republicans: Sens. David VitterDavid Bruce VitterSenate confirms Trump judge who faced scrutiny over abortion views Collins votes against Trump judicial pick Progressive group targets Susan Collins over Trump judicial pick MORE (La.), and Sens.-elect David Perdue (Ga.) and Thom Tillis (N.C.). Democrats are losing one member: Sen. Mazie HironoMazie Keiko HironoTrump defense pick expected to face tense confirmation Senate confirms Rosen for No. 2 spot at DOJ Alabama abortion law sparks fears Supreme Court may overturn Roe v. Wade MORE (Hawaii).

The Intelligence Committee will bring on Hirono, along with three new Republicans: Roy BluntRoy Dean BluntHit singer Andy Grammer says 'unity' more important than any political party Top GOP senator: 'More harassment than oversight' in House Hillicon Valley: Trump takes flak for not joining anti-extremism pact | Phone carriers largely end sharing of location data | Huawei pushes back on ban | Florida lawmakers demand to learn counties hacked by Russians | Feds bust 0M cybercrime group MORE (Mo.), and Sens.-elect James Lankford (Okla.) and Tom CottonThomas (Tom) Bryant CottonGOP senator says Iran needs to 'stop acting like an outlaw' Sen. Tom Cotton: 'Memorial Day is our most sacred holiday' The Hill's Morning Report — After contentious week, Trump heads for Japan MORE (Ark.). The committee is losing Rockefeller, ranking Republican Saxby ChamblissClarence (Saxby) Saxby ChamblissRepublicans say Democrats holding up disaster relief as 'Sandy payback' Ex-House Intel chair: Intel panel is wrong forum to investigate Trump's finances The Hill's Morning Report - Trump budget reignites border security fight 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 UdallDenver Post editorial board says Gardner endorsement was 'mistake' Gardner gets latest Democratic challenge from former state senator Setting the record straight about No Labels 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 FeinsteinFive takeaways from Barr's new powers in 'spying' probe Senate Democrats to House: Tamp down the impeachment talk Feinstein, Iranian foreign minister had dinner amid tensions: report 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: Facebook won't remove doctored Pelosi video | Trump denies knowledge of fake Pelosi videos | Controversy over new Assange charges | House Democrats seek bipartisan group on net neutrality Manning: Additional Assange charges are feds using the law 'as a sword' Overnight Health Care — Presented by PCMA — Senators unveil sweeping bipartisan health care package | House lawmakers float Medicare pricing reforms | Dems offer bill to guarantee abortion access MORE (D-Ore.) argued in a Los Angeles Times op-ed. 

 

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