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Swayne B. Hall / AP

The Justice Department is trying to take its drawn-out fight with Microsoft over law enforcement's access to emails stored on overseas servers to the Supreme Court.

Why it matters: Major tech companies are watching this case closely. If the Supreme Court takes the case, the outcome would have far-reaching effects on how tech firms store user data on foreign servers — and how law enforcement can access it. As more and more of our data is stored in the cloud by companies with data centers around the world, the question of how governments (both U.S. and abroad) can access the data is becoming increasingly complicated.

At issue is whether the U.S. government can use a warrant to access messages from one of Microsoft's data centers overseas. An appeals court sided with Microsoft, saying a U.S. warrant wasn't sufficient to obtain those messages and that the DOJ would instead need to request the data through an international process.

What's next: Tech companies including Microsoft are pushing for Congress to update the laws regarding law enforcement access to data centers to create a clear process for accessing data while also protecting privacy. Congress has held hearings on the topic but has not yet acted on legislation.

Go deeper

8 mins ago - World

Jamal Khashoggi murder suspect arrested in Paris

A person holding a candle and a picture of journalist Jamal Khashoggi during a vigil outside of the Saudi Arabia consulate in Istanbul in October 2018. Photo: Chris McGrath/Getty Images

A suspected member of the hit squad that murdered Saudi journalist Jamal Khashoggi in Istanbul in 2018 was arrested at Charles de Gaulle Airport in Paris on Tuesday, according to AP.

Why it matters: Khalid Aedh Al-Otaibi — who is one of several people sanctioned by the United States, the United Kingdom and other countries over Khashoggi's murder — was trying to board a flight to Riyadh and is now being held on an arrest warrant from Turkey, AP reports, citing a French judicial official.

WarnerMedia-Discovery merger faces questions over Latino programming

Rep. Joaquin Castro (D-Texas). Photo: Jacquelyn Martin/AP Photo/Bloomberg via Getty Images

Rep. Joaquin Castro (D-Texas) and Sen. Elizabeth Warren (D-Mass.) want the Justice Department to review closely a proposed merger of WarnerMedia and Discovery over concerns it could limit programming and opportunities for Latino creators.

Why it matters: Castro has been leading a campaign to pressure media companies to hire more diverse staff and produce more programming with people of color. Media mergers could make that more challenging.

Updated 2 hours ago - Politics & Policy

Omicron dashboard

Illustration: Shoshana Gordon/Axios

  1. Health: Americans shrug off Omicron, Axios-Ipsos poll finds — CDC director says number of U.S. Omicron cases "likely to rise."
  2. Vaccines: Omicron gives a shot to boosters — U.S. announces $400M for global COVID vaccine distribution — Vaccine mandates lose steam in the U.S. while Europe doubles down.
  3. States: Gov. Hochul will order some NY hospitals to halt elective surgeries — Nevada to impose insurance surcharge on unvaccinated state workers.
  4. World: EU drug regulator backs mixing COVID vaccines — Poor global equity likely in COVID pill access — CDC raises travel advisories for France, Portugal to highest level amid COVID surge.
  5. Variant tracker: Where different strains are spreading.