US Supreme Court Keeps Microsoft Ireland Email Case Alive

Supreme Court to decide if US agents can obtain emails stored overseas by Microsoft

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

The justices will review a federal appeals ruling that the Trump administration says has become a major obstacle in criminal probes.

The US Supreme Court will review a case concerning whether law enforcement can demand data stored overseas from a US-based email provider, according to a court order released Monday.

The lower court ruling put stored electronic communications held overseas beyond the reach of USA prosecutors even when there is probable cause that they contain evidence of a crime, Justice Department lawyers said in court papers. The tech company refused, and in July 2016, an appeals court ruled in its favor, concluding that the Stored Communications Act did not apply to the communications stored overseas.

The case involved information stored on a Microsoft server in Ireland that the United States government believed it should have access to under warrants issued in the US.

Microsoft has argued that Congress needs to pass legislation that would update current data laws, which were enacted more than 30 years ago.

Microsoft Corp., began in 2013 when a NY judge issued a search warrant seeking records and emails from a Microsoft account in a case connected with a criminal investigation.

Himachal Pradesh assembly election on November 9
For example, it announced the polling dates for elections to Uttar Pradesh, Punjab, Goa, Manipur and Uttarakhand on January 4. He said the election process in Gujarat will be completed before vote count in Himachal.

"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.

The technology case arose from a federal drug investigation. Officials obtained a search warrant, but Microsoft refused to turn over the information, taking the matter to court instead.

It contradicts the basic premise that before a USA statute reaches across another country's borders, it should be clear that's what Congress intended when it passed the law.

The Justice Department says the logic behind the appeals court decision would apply even if the account holder were a US citizen living and committing crimes in this country.

As predicted, Microsoft's high-profile email privacy case has attracted the U.S. Supreme Court's attention. A lower court ruled previous year that it did does not, meaning that the Justice Department needs to follow the same procedures used to obtain physical evidence stored outside the United States.

It puts everyone's emails at risk - if the USA government can unilaterally use a warrant to seize emails outside the United States, what's to stop other governments from acting unilaterally to seize emails stored inside the United States?

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