Microsoft challenges US warrant to turn over emails held overseas

The emails are held in a server in Dublin, Ireland

By , IDG News Service |  Legal

Microsoft has in a landmark case challenged in U.S. federal court a search warrant for private email communications located in the company's facility in Dublin, Ireland, after a magistrate judge quashed in April its opposition to the warrant.

The company like many others in the technology industry are concerned that the U.S. government's demands for data held abroad could spook customers abroad from their cloud and other services.

Verizon Communications has filed a brief Tuesday supporting Microsoft's petition, and other companies are expected to follow, according to The New York Times.

In a redacted filing in the U.S. District Court for the Southern District of New York, Microsoft has objected to a warrant issued by a magistrate judge under the Electronic Communications Privacy Act, as it purports to authorize the U.S. government to search "any and all" of Microsoft's facilities worldwide.

The private email communications that the government seeks are stored in a server in Dublin and the U.S. Congress has not authorized the issuance of warrants that reach outside U.S. territory, Microsoft wrote in the filing.

U.S. Magistrate Judge James C. Francis IV of the New York court had in April refused to quash a December warrant that authorized the search and seizure of information, including content and identifiers such as name and physical address, associated with a specified Web-based email account stored at Microsoft's premises.

Microsoft complied with the search warrant by providing non-content information held on its U.S. servers but after it determined that the account was hosted in Dublin and the account content also stored there, it filed to quash the warrant as it requires that information held abroad to be produced, according to the magistrate judge's order.

If the territorial restrictions on conventional warrants applied to warrants issued under section 2703 (a) of the Stored Communications Act, the burden on the Government would be substantial, and law enforcement efforts would be seriously impeded, the magistrate judge wrote in his order. The statute covers required disclosure of wire or electronic communications in electronic storage.

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