Follow Us

We use cookies to provide you with a better experience. If you continue to use this site, we'll assume you're happy with this. Alternatively, click here to find out how to manage these cookies

hide cookie message

Judge rules against Microsoft in email privacy case

The company is compelled to comply with a US warrant for emails held in Ireland, a judge rules

Article comments

A U.S. district court judge has ruled against Microsoft in the company's effort to oppose a U.S. government search warrant for emails stored in Ireland.

On Thursday, Judge Loretta Preska of the U.S. District Court for the Southern District of New York rejected the company's appeal of an earlier ruling requiring it to turn over emails stored in the company's facility in Dublin. Preska ruled that Microsoft will not have to turn over the emails while it files an appeal.

Preska, in an oral ruling from the bench, sided with a magistrate judge's April ruling quashing Microsoft's opposition to the warrant, related to a criminal case, from the U.S. Department of Justice.

Microsoft will appeal Preska's ruling to the U.S. Court of Appeals for the 2nd Circuit, the company said. Microsoft has argued that the DOJ has no authority to issue warrants related to emails stored outside the U.S.

"The only issue that was certain this morning was that the district court's decision would not represent the final step in this process," Microsoft general counsel Brad Smith said in a statement. "We will appeal promptly and continue to advocate that people's email deserves strong privacy protection in the U.S. and around the world."

U.S. law has long required search warrants to name the specific location of the information they seek, instead of requiring a company receiving the warrant to search multiple locations for the information, as has happened in the Ireland case, Microsoft has argued. U.S. search warrants also haven't been able to reach overseas, just as U.S. residents wouldn't want foreign courts to be able to search domestic locations, Smith has said.U.S. Attorney Preet Bharara of the Southern District of New York has opposed Microsoft's attempts to invalidate the warrant. If Microsoft's interpretation of the law is upheld, Web services providers could move content around the world in an effort to avoid law enforcement requests, Bharara wrote in a brief to the court.

Grant Gross covers technology and telecom policy in the U.S. government for The IDG News Service. Follow Grant on Twitter at GrantGross. Grant's email address is grant_gross@idg.com.



Share:

More from Techworld

More relevant IT news

Comments



Send to a friend

Email this article to a friend or colleague:

PLEASE NOTE: Your name is used only to let the recipient know who sent the story, and in case of transmission error. Both your name and the recipient's name and address will not be used for any other purpose.

Techworld White Papers

Choose – and Choose Wisely – the Right MSP for Your SMB

End users need a technology partner that provides transparency, enables productivity, delivers...

Download Whitepaper

10 Effective Habits of Indispensable IT Departments

It’s no secret that responsibilities are growing while budgets continue to shrink. Download this...

Download Whitepaper

Gartner Magic Quadrant for Enterprise Information Archiving

Enterprise information archiving is contributing to organisational needs for e-discovery and...

Download Whitepaper

Advancing the state of virtualised backups

Dell Software’s vRanger is a veteran of the virtualisation specific backup market. It was the...

Download Whitepaper

Techworld UK - Technology - Business

Innovation, productivity, agility and profit

Watch this on demand webinar which explores IT innovation, managed print services and business agility.

Techworld Mobile Site

Access Techworld's content on the move

Get the latest news, product reviews and downloads on your mobile device with Techworld's mobile site.

Find out more...

From Wow to How : Making mobile and cloud work for you

On demand Biztech Briefing - Learn how to effectively deliver mobile work styles and cloud services together.

Watch now...

Site Map

* *