US Judge orders Microsoft to hand over information held on servers in Ireland

[Dos_Box]

Oh dear: BBC News - Microsoft must release email data held on Dublin server

 

 

A judge in the US has ordered Microsoft to hand over a customer's emails, even though the data is held on a server in Ireland.Microsoft has previously taken steps to reassure customers that data held on servers abroad should not be subject to search warrants by US authorities.

It follows concerns about data privacy after allegations of US spying by whistleblower Edward Snowden.

The judge said warrants for online data were different to other warrants.

The search warrant, which was issued to Microsoft by US authorities, sought information associated with a customer's email account including the customer's name, credit card details and contents of all messages.

Microsoft said that the account was hosted on a server in Dublin and therefore the search warrant was not valid as the data was outside of the US.

[box_l]

"Judge James Francis in New York said that this was true for "traditional" warrants but not for those seeking online content, which are governed by federal law under the Stored Communications Act. "

 

How does he think he can use a federal law to get to data in the EU?

 

Microsoft should fight this!

[localzuk]

Its pretty amazing really, the reasoning given is spurious to say the least.

 

The judge feels that data handover should be similar to subpoenas for documents by a court - and the USA believes that if they demand a document, it doesn't matter where it is, or where you are, you have to hand it over.

 

Which is counter the entire concept of jurisdiction, but ties up with the "America: World Police" idea that they seem to have.

 

I don't think the EU will like this ruling very much!!

[GrumbleDook]

This scenario has been talked about a number of times and it has just been a case of waiting for it to happen. The response from some firms is 'come and get it', meaning that they will release it if there is a physical presence in the country where it is being held ... on the basis that the law enforcement for that country will then turn round and say, "sorry, you cannot take it as that would breach Data Protection laws."

 

This will be interesting to watch.

[TechMonkey]

MS have to fight it really as they have gone to great pains to reassure EU customers that they will comply with EU laws and that the US authorities won't be able to ride rough shode over them. If they allow this, or don't show giving a good fight over it, then companies will remove their data and stop using their services, opting for EU only companies.

 

But to repeat GD, it is going to be interesting.

[tmcd35]

It's certainly an interesting case. I find I have more questions than answers...

 

Are we talking data on american citizens being held in the Irish data center or non-american citizens? Is the data center and servers wholey owned by MS or outsourced? (I assume owned). Microsoft are an american company operating in the US under US law, if the court order was against a non-american company operating outside the US would I be more concerned?

 

I can't help likening this data scenerio to holding an off-shore bank account to avoid paying tax.

 

I think the judges order makes perfect legal sense. The bigger question is what happens when MS doesn't comply. Because, yes, they can't just turn up outside the data centers front gates and demand access without co-operation from Irish authorities.

[featured_spectre]

It would seem from the warrant, that the judge wants data on everyone it holds, not just US customers.

[Bananas]

this is going to be one of those seminal moments in history. Where they go from here will probably define data protection (or lack of it) for the next few decades, if not longer. MS have seriously got to fight this and the US government needs to sit down with the EU and work this out. If it's data on a US citizen held on an EU server and used in the US and they actually have good reason for the warrant then I don't have an issue with it BUT as this is likely to be some kind of test case and we all know how the US loves to have one sided agreements on such things the lawyers involved and the politicians need to get this right.

 

If this is about an EU citizen then the US can FO even if it's about a crime they have no right to the data they should go to the country where the person is, make their case for extradition and access to the data that way NOT go through the back door of legally leaning on a US company