Microsoft Email-Access Fight With US Gets Supreme Court Review
17 October, 2017, 00:22 | Author: Kristopher Anderson
The appeals court ruled that current US law does not give judges the right to issue search warrants that reach outside the U.S. It said the decision conflicts with past decisions in lower courts that "a domestic recipient of a subpoena is required to produce specified materials within the recipient's control, even if the recipient stores the materials overseas".
Microsoft, federal authorities served Microsoft a warrant under the Stored Communications Act (also called a "disclosure warrant") for the emails of a foreign citizen that were stored on servers based in Ireland. A lower court ruled previous year that it did does not, meaning that the Justice Department needs to follow the same procedures used to obtain physical evidence stored outside the United States.
Supreme Court to decide whether prosecutors... The full circuit then split evenly on whether that decision was correct. The case differed slightly to Microsoft's case, however, in that this data was regularly moved around the world to improve speed - and was never meant to be stored in one specific location.
A ruling in the DOJ's favor could dissuade customers from using cloud services. The other case concerns whether police officers need a warrant to access historic location information on cell phone users that is held by wireless carriers.
As predicted, Microsoft's high-profile email privacy case has attracted the U.S. Supreme Court's attention.
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The lower court said a 1986 law that protects the privacy of electronic communications - and carves out an exception for law enforcement needs - doesn't extend to data kept in other countries.
A coalition of 33 US states and Puerto Rico backed the Justice Department's appeal.
While oral argument has not yet been scheduled, the Supreme Court will hear the case sometime in the next year.
Microsoft's legal battle kicked off in 2013, when the Justice Department asked the company to hand over emails stored in its Ireland data center for a drug investigation.
In the appeals court, Microsoft was supported by dozens of technology and media companies including Amazon, Apple, CNN and Verizon Communications, as well as the American Civil Liberties Union and the U.S. Chamber of Commerce business group. Officials obtained a search warrant, but Microsoft refused to turn over the information, taking the matter to court instead.
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