Roger Fingas
The Surpreme Court will on Tuesday hear arguments in a long-running case between the U.S. government and Microsoft, following the latter's 2013 refusal to turn over data stored on an Irish server, demanded as part of a drug trafficking investigation.
Microsoft's position is that the Stored Communications Act of 1986 — the basis for the government data request — is outdated in the age of the internet and cloud computing, CNN said. The company has moreover argued that allowing seizure of overseas data would violate international laws and treaties.
Government attorneys have countered that where data is stored is irrelevant if it can be reached in the U.S. "with the click of a computer mouse."
Apple, the Center for Democracy & Technology, and other organizations are among those who have submitted amicus curiae briefs to the Supreme Court in support of Microsoft.
If the Court rules in favor of U.S. law enforcement, Microsoft could find itself in a tricky situation. Customers could be less willing to trust their data with the company, and at the same time, the European Union is planning to implement its General Data Protection Regulation later this year, at which point handing Irish data over to the U.S. would break the law in a different way.
Apple is presumably hoping to avoid similar burdens with its own data centers. The company has yet to finish its first two European facilities, but already has others in places like China.
Amber Neely
Oliver Haslam
Malcolm Owen
Christine McKee
Charles Martin
William Gallagher
10 Comments
Go MS. While there are valid cases where extradition of data from one country is needed and required, this process needs to go through an arbitration between the countries involved. Also, citizenship of the person needs to be considered. For example, if the data transfer happened in Ireland from an Irish citizen, there is no reasonable cause for the US to be able to access this data unilaterally.
If there is a true need for this data, the US needs to work with Ireland to extradite the data just like they would a person.
This means, the countries of the world need to start talking to each other and work out these agreements. JMHO.
Good for Microsoft!
(I never thought I would utter that sentence, but kudos is due where it's due).
Try to imagine Chinese law enforcement demanding that a US company operating in China surrender files owned by a Chinese 'fugitive' held in the US company's servers in the US. I swear, sometimes I think they only hire idiot lawyers at the DOJ.
And people wonder why so many resist gun control in this country.
Serioudly there is no limit on what the feds will try to get away with ignoring the constitution, international law and common sense. I dont like the term common sense but it kinda applies here. The feds are basically asking for MS to perform a search in another country with out following the proper warrant process in that country. It makes me wonder if the collected data can even be legally used in a criminal case.
Sadly there is a police state mentality developing in this country, surprisingly driven by the left that would enjoy seeing MS loose this battle. There seems to be an excessive desire to give up all of our freedoms just to feel safe. I really dont see any good coming from the people demanding safety over freedom. Sadly the political landscape is such that you are as a person trapped between idiots on the left and right that hunger to control your life.