Newsletters
News & Information for Technology Purchasers NewsFactor Sites:       NewsFactor.com     Enterprise Security Today     CRM Daily     Business Report     Sci-Tech Today  
   
This ad will display for the next 20 seconds. Click for more information, or
Home Enterprise I.T. Cloud Computing Applications Hardware More Topics...
GET RECOGNIZED.
Let an ISACA® certification
elevate your career.

Register today and save
Data Storage
DDoS Protection Powered By Verisign
Average Rating:
Rate this article:  
Microsoft Fights Order To Disclose E-mail Stored Abroad

Microsoft Fights Order To Disclose E-mail Stored Abroad

Share
Share on Facebook Share on Twitter Share on Linkedin Share on Google Plus

In a court filing, Microsoft said it opposed a search warrant for information on a single user's online e-mails stored in Microsoft's data center in Dublin, Ireland. The warrant was issued last December by a magistrate judge in New York as part of a drug trafficking investigation. Privacy advocates have thrown their weight behind Microsoft.
 


Microsoft is fighting back attempts by the U.S. government to access customers' emails stored in its Irish data centers.

The warrant was issued last December by a magistrate judge in New York as part of a drug trafficking investigation. Microsoft, which appealed the warrant and lost in April, is again beginning legal proceedings saying that because the information was stored overseas they were beyond the reach of a domestic search warrant.

"The government cannot seek and a court cannot issue a warrant allowing federal agents to break down the doors of Microsoft's Dublin facility." Microsoft's lawyers argued that Congress had never authorized U.S. courts to issue warrants that reach outside of U.S. territory.

Microsoft is debating the interpretation of the term "warrant" in the Electronic Communications Privacy Act. The Redmond-based company said that the court argued that it was issuing a hybrid between a warrant and subpoena and not a search warrant. Microsoft contends that courts in the U.S. cannot issue warrants for information held outside the country and in subpoenas, the onus is on the target of the investigation to hand over the information, not Microsoft.

Privacy advocates have thrown their weight behind Microsoft. The Electronic Frontier Foundation is working on a brief supporting Microsoft and Verizon has also filed a brief, mirroring Microsoft's objections.

"United States search warrants do not have extraterritorial reach," said Lee Tien, a lawyer for the Electronic Frontier Foundation. "The government is trying to do an end run."

The Justice Department was swift in its response issuing a filing by Preet Bharara, United States attorney for the Southern District of New York, saying that technology companies cannot hide behind technicalities invoking physical search warrants and digital ones. He added that they cannot avoid complying with a search warrant by storing information overseas.

"The US government should stop trying to force tech companies to circumvent treaties by turning over data in other countries. Under the Fourth Amendment of the US Constitution, users have a right to keep their email communications private. We need our government to uphold Constitutional privacy protections and adhere to the privacy rules established by law," wrote Microsoft's chief counsel Brad Smith in a blog post.

"That's why we recently went to court to challenge a search warrant seeking content held in our datacenter in Ireland. We're convinced that the law and the US Constitution are on our side, and we are committed to pursuing this case as far and as long as needed."
 


© 2014 UPI Business News under contract with NewsEdge. All rights reserved.
 

Tell Us What You Think
Comment:

Name:



Salesforce.com is the market and technology leader in Software-as-a-Service. Its award-winning CRM solution helps 82,400 customers worldwide manage and share business information over the Internet. Experience CRM success. Click here for a FREE 30-day trial.


 Data Storage
1.   Splunk Cuts Prices, Vows 100% Uptime
2.   Cloud Firms Offer Azure Starter Kit
3.   Amazon Intros Zocalo Storage Service
4.   EMC Moves Toward Hybrid Cloud
5.   Oracle Boosts ZS3 Storage Server Line


advertisement
Product Information and Resources for Technology You Can Use To Boost Your Business

Network Security Spotlight
UPS Stores in 24 States Hit by Data Breach
Big Brown has been breached. UPS said that about 105,000 customer transactions at 51 of its UPS Store locations in 24 states could have been compromised between January and August.
 
Cost of Target Data Breach: $148 Million Plus Loss of Trust
The now infamous Target data breach is still costing the company -- and its shareholders -- plenty. In fact, the retailing giant forecast the December 2013 incident cost shareholders $148 million.
 
Aruba Networks Handles Black Hat with Aplomb
It's not an easy job. Aruba Networks' task throughout the Black Hat USA conference in Las Vegas this month was to ensure thousands of attendees could connect without malicious attacks.
 

Enterprise Hardware Spotlight
Acer's New Desktop Box Rides the Chrome OS Wave
Filling out its Chrome OS line, Acer is following the introduction of a larger Chromebook line earlier this month with a new tiny $180 desktop Chromebox and also a smaller Chromebook.
 
Three New Lenovo PCs Aimed at Business Users
Businesses everywhere want computing solutions that do more for less money, and Lenovo has unveiled three new desktop PCs that offer solid computing at a budget-minded price.
 
Aruba Networks Handles Black Hat with Aplomb
It's not an easy job. Aruba Networks' task throughout the Black Hat USA conference in Las Vegas this month was to ensure thousands of attendees could connect without malicious attacks.
 

Mobile Technology Spotlight
Google Glass Adds Voice Access to Phone Contacts
The latest update to Google Glass will let users access their top 20 phone contacts with voice commands alone. A user can then choose a phone call, Google hangouts, e-mail or text messaging.
 
Samsung, B&N Target Amazon with Nook Tablet
They've seen the enemy and it is Amazon. So Samsung and Barnes & Noble are teaming up to combat their common foe with a 7-inch tablet that blends Samsung’s tech, Nook’s content and e-reader platform.
 
Acer's New Desktop Box Rides the Chrome OS Wave
Filling out its Chrome OS line, Acer is following the introduction of a larger Chromebook line earlier this month with a new tiny $180 desktop Chromebox and also a smaller Chromebook.
 

Navigation
NewsFactor Network
Home/Top News | Enterprise I.T. | Cloud Computing | Applications | Hardware | Mobile Tech | Big Data | Communications
World Wide Web | Network Security | Data Storage | CRM Systems | Microsoft/Windows | Apple/Mac | Linux/Open Source | Personal Tech
Press Releases
NewsFactor Network Enterprise I.T. Sites
NewsFactor Technology News | Enterprise Security Today | CRM Daily

NewsFactor Business and Innovation Sites
Sci-Tech Today | NewsFactor Business Report

NewsFactor Services
FreeNewsFeed | Free Newsletters

About NewsFactor Network | How To Contact Us | Article Reprints | Careers @ NewsFactor | Services for PR Pros | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2014 NewsFactor Network. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.