Microsoft Corporation v. United States of America
Microsoft Corporation v. United States of America, (also known as the "Microsoft Ireland" case), is an appeal before the United States Court of Appeals for the Second Circuit whose central issue is whether a domestic search warrant can compel American companies to produce data stored in servers outside the United States. The Second Circuit heard oral arguments for this case on September 9, 2015.[1][2]
Background
The case began in December 2013 when a New York district court judge issued a warrant asking Microsoft to produce all emails and private information associated with a certain account hosted by Microsoft. The account's emails were stored on a server located in Dublin, Ireland, one of many datacenters held by Microsoft around the world to improve the speed of service it provides its non-U.S. customers. Microsoft provided account information kept on its U.S. servers but refused to turn the emails over, arguing that a U.S. judge has no authority to issue a warrant for information stored abroad. Microsoft moved to vacate the warrant for the content held abroad on 18 December 2013. In May 2014, a federal magistrate judge disagreed with Microsoft and ordered it to turn over the emails. Microsoft appealed to the District Court for the Southern District of New York.[3]
The district court found in favour of the government and Microsoft appealed to the Second Circuit.[4][1][2]
On 23 December 2014 the Irish government filed an amicus brief in support of Microsoft, as have numerous other organisations and individuals.[5] The Irish government maintains the emails should be disclosed only on request to the Irish government pursuant to the long standing mutual legal assistance treaty between the U.S. and Ireland.[6]
See also
References and sources
- References
- 1 2 "The "Microsoft Ireland" Case (Amicus Brief)". brennancenter.org. Brennan Center for Justice.
- 1 2 "In re Warrant for Microsoft Email Stored in Dublin, Ireland". eff.org. Electronic Frontier Foundation.
- ↑ "Microsoft Ireland Case: Can a US Warrant Compel A US Provider to Disclose Data Stored Abroad?". cdt.org. Center for Democracy and Technology.
- ↑ "In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp.". harvardlawreview.org. Harvard Law Review.
- ↑ Scott, Mark. "Ireland Lends Support to Microsoft in Email Privacy Case". bits.blogs.nytimes.com. New York Times.
- ↑ Porter, Kathleen. "Microsoft versus the Federal Government; Round Three". jdsupra.com. JD Supra.
- Sources