Microsoft victory in overseas data privacy case stands

25 January, 2017, 11:10 | Author: Sam Montgomery
  • US court sides with Microsoft on overseas emails

Because of how the federal appellate process works, the Justice Department asked the New York-based appeals court to revisit the case with a larger, en banc, panel-but the outcome fell one judge short.

Judges "readily acknowledge the gravity of this concern", but the 31-year-old U.S. Stored Communications Act (SCA) doesn't allow worldwide search under a U.S. warrant, wrote Judge Susan Carney.

The case centered on a atypical warrant that was issued by United States prosecutors in that it was for data stored in an email account stored by Microsoft overseas. Microsoft believes this to be an abuse of power and they are trying to pave the way for the government and the DOJ to allow companies to notify users when access to their data is given.

The Second Circuit Court of Appeals in New York City handed Microsoft and Internet privacy advocates a victory when it ruled 4-4 to let stand a decision last summer that said the Department of Justice can not demand data from servers overseas.

Microsoft is believed to be the first USA firm to challenge a domestic search warrant seeking data held on servers located outside the US.

"The panel majority's decision does not serve any serious, legitimate, or substantial privacy interest", Circuit Judge Jose Cabranes wrote in dissent.

The government had no immediate comment, a spokesman for lawyers in the case said. This case has already garnered a lot of attention, especially from notable tech corporations such as Amazon, Verizon, and Apple, as well as the American Civil Liberties Union and U.S. Chamber of Commerce. Some dissenting opinions from judges pointed out that the ruling could hamper law enforcement investigations in the future.

Trump loaded up Central Intelligence Agency event with cheering supporters, intel sources claim
"We're going to start winning again, and you will be leading the charge". He added: "We have not used the real abilities that we have".

Bremer Trust National Association Cuts Position in Exxon Mobil Corporation (XOM)
The current share price indicates that stock is -6.98% away from its one year high and is moving 26.41% ahead of its one year low. Cantab Capital Partners LLP purchased a new position in Exxon Mobil Corp. during the second quarter valued at about $183,000.

Multiplayer Madness Unveiled for Yooka-Laylee!
And if there is ever a lack of friends on your couch, you can tackle the arcade games solo in a quest to climb the leaderboards. Yooka-Laylee launches for Xbox One, PS4, PC, Mac and Linux on 11 April, and has been confirmed for release on Nintendo Switch.

The judge expressed hope that the panel's view of the 1986 law "can be rectified as soon as possible by a higher judicial authority or by the Congress".

But right after the July ruling, Microsoft's president and chief legal officer said the outcome "provides a major victory for the protection of people's privacy rights under their own laws rather than the reach of foreign governments".

Back in December 2013, Magistrate Judge James Francis in the Southern District of NY authorized a search warrant for all emails and other information belonging to the Microsoft user under investigation.

"I'm disturbed by the idea that you can have an invasion of rights or privacy without ever disclosing it", he said.

"We learned things of which we were not aware". Most of the orders have no fixed end date.

Microsoft moved to vacate the warrant for the content held overseas on 18 December 2013.

Recommended:

  • Davis-Monthan AFB placed on lockdown

    Davis-Monthan AFB placed on lockdown

    More updates will come once they are available", it wrote Monday. "There are unconfirmed reports of gunshot sounds". After almost being locked down for an hour, the base lifted the lockdown around 1:35 p.m.
    Robert Redford Downplays Trump: 'We Don't Occupy Ourselves With Politics' - Sundance 2017

    Robert Redford Downplays Trump: 'We Don't Occupy Ourselves With Politics' - Sundance 2017

    Her goal, she adds, is to "not be reactionary, because I think that's what feeds him and that's how he got elected". The 2017 Sundance Film Festival started yesterday, which, for indie movie lovers everything, is a pretty big deal.
    'Google promotes its own products on its search engine'

    'Google promotes its own products on its search engine'

    Searches can now be stored on Google when you are offline and shows the results once a connection is established again. Google stores the searches when the users are offline and will show the result when they reconnect their device.
  • Panic haunts as gunman firing at police in Istanbul

    Panic haunts as gunman firing at police in Istanbul

    Nevertheless, the projectile missed the building and there were no reports of casualties, national broadcaster CNN Turk said. The Islamic State has claimed responsibility for the shooting attack, in which 39 people were killed and 69 others injured.
    South Mississippi tornado leaves four people dead

    South Mississippi tornado leaves four people dead

    The university tweeted that the Hattiesburg campus is closed until further notice: "Students are being escorted from campus". Roofs were torn from homes and churches, and trees blown down when a tornado hit southern MS early on Saturday morning.

    Abbas urges last-ditch push to save peace on two-state solution

    Trump slammed the Obama administration's move not to veto a United States resolution condemning the Israeli settlements. The new Palestinian embassy, said Abbas, "is a sign that the Pope loves the Palestinian people and peace".
  • Tommy Fleetwood takes Abu Dhabi title

    Tommy Fleetwood takes Abu Dhabi title

    Open champion Dustin Johnson, who hit an eagle on the last, and 2014 Abu Dhabi victor , Pablo Larrazabal of Spain. Kaymer led on his own for two holes before dropping three shots in a five-hole stretch around the turn.
    MH370 wreckage

    MH370 wreckage "highly likely" to be north of search area

    Flight MH370, en route to Beijing from Kuala Lumpur, went missing March 8, 2014, with 239 people on board. The three-year underwater search officially ended with the vessel docking in Fremantle today.

    Kuwait oil min. arrives in Vienna for OPEC cmte meeting

    Other OPEC members such as Iraq and Venezuela have not yet reached their quotas but say they are more than half-way there. The Declaration of Cooperation is to run for six months, with the option of a further six-month extension also possible.
  • Rio Tinto sells coal operations to Yancoal

    Rio Tinto sells coal operations to Yancoal

    The two mines produced a combined 8.1 million metric tons of coking coal and about 3.7 million tons of thermal coal past year . Yancoal is 13 percent owned by Asian commodity trading giant Noble Group, which is backed by China's sovereign wealth fund.

    Green Bay Packers could be without three starting wide receivers on Sunday

    With the injuries at receiver, the Packers might have to promote Max McCaffrey or Antwan Goodley from the practice squad. He knows what Nelson and Adams have done when hurt, but this is the first injury Allison has suffered this season.
    Chrissy Teigen's Stretch Marks Are Fucking Beautiful!

    Chrissy Teigen's Stretch Marks Are Fucking Beautiful!

    Others praised the Sports Illustrated star for posting the unedited picture , with one fan claiming it had helped her with her body confidence.


Popular

Oscars: No Women Nominated for Best Director - Again
Gibson then pleaded no contest in 2011 to one count of misdemeanor spousal battery of his former girlfriend Oksana Grigorieva. This image released by Summit shows Andrew Garfield in a scene from "Hacksaw Ridge".

Trump Reinstates "Global Gag Rule" on Abortion for Non-Government Organizations
Wade , Donald Trump's misguided priority is to reinstate . a policy that silences health workers at the expense of their patients".

Brian Gutekunst Withdraws From Running To Become 49ers GM
Paton is expected to have a follow-up interview next week, with Shanahan possibly involved in that process. The Falcons will host Green Bay in the NFC Championship Game on Sunday.

Was the Hottest Year Ever Recorded
Pruitt has ardently defended fossil fuels and fought against federal efforts to regulate greenhouse gases that warm the planet. He added, "most of the warming occurred in the past 35 years, with 16 of the 17 warmest years on record occurring since 2001".

Gyan Fires Ghana Into AFCON Quarterfinals
The Black Stars prepare for their second group C tie against Mali, with Frank Acheampong replacing, injured Baba Rahman . A loss will see them out of the tournament, which they are returning to after 39 years of absence.

China's GDP growth falls to 26-year low
The Chinese economy finished the year with a stronger than expected performance, growing 6.8 per cent during the fourth quarter.

Paddon calls for calm over spectator death
The rally starts in Monaco's Casino Square on Thursday before two short night stages north to Gap. He added: "It's hard to say much more at the moment as we are in shock with what has happened".

York County women head to march on Washington
Organizers of the local march say they also plan to collect hygiene products for women, children and babies for AWARE. Planned Parenthood president Cecile Richards is one of the keynote speakers at the event as well.

Oil resumes advance as report shows USA crude stockpiles drop
OPEC learned the hard way that at $100 per barrel USA drillers will add supply so rapidly that markets will be oversupplied. In the next month, production is set to increase to 40,750 barrels per day (bpd), after witnessing a three month decline.

Trump Talked to Husband of Slain Orlando Officer
He was injured during the arrest and spent 21 hours in the hospital before he was taken to the Orange County Jail. As The Two-Way reported , Clayton was not the only law enforcement officer to die in the hunt for Loyd .