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.

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Where key GOP senators stand on replacing Ruth Bader Ginsburg

Senate Majority Leader Mitch McConnell talks to reporters on Capitol Hill last Thursday. Photo: Chip Somodevilla/Getty Images

With President Trump planning to nominate his third Supreme Court justice nominee this week, key Republican senators are indicating their stance on replacing the late Justice Ruth Bader Ginsburg with less than 50 days until Election Day.

The state of play: Senate Majority Leader Mitch McConnell (Ky.) has vowed that "Trump’s nominee will receive a vote on the floor of the United States Senate." Two GOP senators — Sen. Lisa Murkowski (R-Alaska) and Sen. Susan Collins (R-Maine) — have said they oppose holding a vote before the election, meaning that two more defections would force McConnell to delay until at least the lame-duck session of Congress.

Updated 2 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 4 p.m. ET: 30,873,714 — Total deaths: 958,383— Total recoveries: 21,103,559Map.
  2. U.S.: Total confirmed cases as of 4 p.m. ET: 6,788,343 — Total deaths: 199,421 — Total recoveries: 2,577,446 — Total tests: 94,211,463Map.
  3. Politics: Testing czar on Trump's CDC contradictions: "Everybody is right" Ex-FDA chief: Career scientists won't be "easily cowed" by political vaccine pressure
  4. Education: What we overlooked in the switch to remote learning
  5. Health: The dwindling chances of eliminating COVID-19.
  6. World: England sets £10,000 fine for breaking self-isolation rules — The countries painting their pandemic recoveries green.

Biden to Senate GOP after RBG passing: "Please follow your conscience"

Joe Biden made a direct appeal to Senate Republicans in a speech addressing the passing of Supreme Court Justice Ruth Bader Ginsburg, urging them to "cool the flames that have been engulfing our country" by waiting to confirm her replacement until after the election.

The state of play: Senate Majority Leader Mitch McConnell said soon after the news of Ginsburg's death that President Trump's nominee would get a vote on the Senate floor.