Court denies U.S. government appeal in Microsoft’s overseas email case - beckrikeproseet
Magdalena Petrova
A U.S. appeals court will not reconsider its groundbreaking ceremony decision denying Justice efforts to force Microsoft to give customer emails stored outside the country.
The U.S. Courtroom of Appeals for the Second Circuit, in a 4-4 decision Tues, declined to rehear its July decision that denied the DOJ access to the email of a narcotraffic suspect stored on a Microsoft server in Ireland. Microsoft has been fighting DOJ requests for the email since 2013.
The Justice Department has argued that tech companies can avoid valid warrants by storing customer information extramural the U.S.
Judges "readily acknowledge the gravity of this vexation," just the 31-class-old U.S. Stored Communications Act (SCA) doesn't allow worldwide search under a U.S. warrant, wrote Magistrate Susan Carney.
"We realize at the same time that in many ways the SCA has been port behind by applied science," Carney wrote in Tuesday's determination. "It is owed for a congressional revision that would continue to protect privacy merely would more effectively balance concerns of international comity with law enforcement inevitably and service provider obligations in the orbicular context in which this case arose."
Back in Dec 2013, Justice Judge James Francis in the Grey District of New York authorized a search warrant for all emails and other information belonging to the Microsoft user subordinate investigating. Microsoft filed to invalidate the warrant for customer data held in Dublin. It argued that U.S. courts are non authorized to issue extraterritorial warrants.
Neither Microsoft nor the DOJ was in real time available for comment.
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Source: https://www.pcworld.com/article/411803/court-denies-us-government-appeal-in-microsoft-overseas-email-case.html
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