US Supreme Court agrees to hear Microsoft's Irish email access case

Microsoft Email-Access Fight With US Gets Supreme Court Review

"If the Court rules that US warrants work overseas, it will open the floodgates to demands from other countries that their legal processes be able to compel other providers to disclose content that they hold in the USA, including the content held by Americans", said Nojeim in email remarks sent to eWEEK. Microsoft will go head-to-head with the Justice Department, arguing that the agency can not use a warrant to collect emails held in Microsoft's Ireland data center.

Microsoft says its policy at the time of the search warrant was to store email content in the data center nearest to the customer's self-declared country of residence, while keeping account information on USA servers.

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.

The appeals court ruled that Microsoft could not be forced to turn over emails sought in the narcotics case that were stored in Dublin.

The landmark case has spurred debate among lawmakers in Washington about how to update current laws governing data privacy and law enforcement access to data across national borders.

"Hundreds if not thousands of investigations of crimes - ranging from terrorism, to child pornography, to fraud - are being or will be hampered by the government's inability to obtain electronic evidence", the brief said. Finally, Smith argued that if the US government acts unilaterally to seize emails located overseas with search warrants, there is little to stop foreign governments from exercising the same maneuver on data stored in the United States.

Pat Perez extends lead at Malaysian golf
The overnight leader, Perez made a dream start on Sunday with three straight birdies beginning at the second hole. I'm not getting ahead of myself, I don't look to the past, I'm just doing it".

Right-Wing Israeli minster, Bennett, will demand cutting ties with the PA
Abbas was adamant before the talks began that no unity government would be formed without Hamas completely disarming. Hamas seized Gaza from Fatah in a near civil war in 2007 and the two factions have been at loggerheads ever since.

Wenger fumes over 'scandalous' penalty as Arsenal crash
Egypt's Mohamed Elneny played the full 90 minutes as Watford defeated Arsenal 2-1 in the 8th round of Premier League. Arsenal's first away goal of the season was also Per Mertesacker's first in the league since December 2013.

"These conflicts can place US companies in the untenable position of being forced to violate foreign privacy laws to comply with USA warrants", the company's brief said.

Microsoft added that the Justice Department's position posed a threat to technology companies by requiring them to choose between complying with a warrant and disobeying foreign laws.

The case attracted significant attention from technology and media companies concerned that a ruling favoring the government could jeopardize the privacy of customers and make them less likely to use cloud services because of concern that data could be seized.

In 2010, the Justice Department and 17 states sued several credit card companies, saying that their steering practices had violated the antitrust laws.

We intend to share this view with the Supreme Court as it confronts this important issue.

Adam Liptak is a New York Times writer.

Related:

Comments

Latest news

Now you can Order food using Facebook
The company says Facebook will also show you what your friends have to say about a restaurant before you make your order. Facebook Monday officially announced a new feature that allows its U.S. users to order food from local restaurants.

We are in a difficult situation but …. - Everton boss Koema
With 15 minutes left, Newcastle's Florian Lejeune needlessly fouled Shane Long and Gabbiadini drilled in the spot-kick. There was nothing to separate the old friends in a hard-fought clash, with the first goal coming in the 20th minute.

Goalkeeper dies after collision with teammate
After the collision the goalkeeper was left clearly disorientated and lost consciousness soon after , still on the field of play. Huda rushed out to grab a ball bouncing just outside the six-yard box when teammate Ramon Rodrigues toppled over him.

Iraqi forces advancing towards Kurdish-held Kirkuk: Iraqi and Kurdish officials
Peshmerga fighters say they are preparing to defend positions in the city against possible attack by Iraqi forces. Ever since, Kirkuk has become a point of contention between Baghdad and Kurdish officials in Erbil.

Austria expected to elect youngest European Union leader in snap election
The incredibly close result puts foreign minister Sebastian Kurz, 31, on track to become Europe's youngest head of government. The polling stations across Austria opened Sunday for the general election.

Hertha Berlin soccer players kneels before game in solidarity with National Football League players
We are an open-minded city, and we stand for diversity, and that's what the team and the club wanted to stand up for today". Ivory Coast forward Salomon Kalou said the whole team was unanimous in its support for the action. "We are Berlin.

Bills lose top spot in AFC East after Patriots defeat Jets
I've got to have better ball security. "I wish we would've done better, but we won, so probably a lot to learn from it". After going down 14-0, New England outscored the New York Jets 24-3 to finish off the game.

Stranger Things season 2: watch the final trailer here
Lovecraft sort of approach, this inter-dimensional being that is sort of beyond human comprehension. We've been promised a darker, scarier season two, and the trailer drives that home.

Nick Jonas Congratulates Joe & Sophie Turner on Their Engagement!
Jonas's brother Nick was among those to send congratulations online. "I love you both so much", the 25-year-old wrote.Ahh! The former Jonas Brother posted the same sweet snapshot to his own Instagram page, captioning the pic, "She said yes ".

MP byelection on Nov 9, to coincide with Himachal polls
In Himachal the elections were held on December 4, but in Gujarat polls were held in two phases: December 13 and 17. The election date in Gujarat is likely to be announced after his visit.

Watch Late Linkin Park Frontman Chester Bennington Sing on 'Carpool Karaoke'
Bennington was found dead in his home near Los Angeles in July after taking his own life. The clip was filmed on July 14, and Bennington committed suicide six days later.

Gigantic Mystery Hole Opens in Antarctica, Are the Aliens Here?
Most polynyas are reportedly large, and mostly oval-shaped, but irregular ones have been recorded all the same. The Weddell Sea polynya is like "an oasis" for Antarctic sea mammals, says scientist Kent Moore .

Man Finds $24 Million Lottery Ticket in Old Shirt Pocket
He has been buying lottery tickets since the 1960s, he explained, but he never checks them immediately. The shirt's pockets were filled with lottery tickets that had not been checked.

Top LeT commander among two terrorist killed in Pulwama encounter
Meanwhile, a civilian was killed as stone- pelting protestors clashed with security personnel near an encounter site on Saturday. One of the critically injured Gulzar Ahmad Mir was rushed to the SMHS Hospital in Srinagar but he succumbed to his injuries.

Crude Oil Rebounds Ahead Of US Rig Count
China's robust imports have been driven by purchases for its strategic petroleum reserves (SPR). Chinese oil imports hit 9 million barrels per day (bpd) in September, data showed.

Other news