Menu
US judge rules against Microsoft in email privacy case

US 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

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.

Follow Us

Join the New Zealand Reseller News newsletter!

Error: Please check your email address.

Tags Internet-based applications and servicesCivil lawsuitsLoretta PreskagovernmentinternetprivacyU.S. District Court for the Southern DistrictPreet BhararaMicrosoftsecurityBrad SmithMaillegal

Featured

Slideshows

Reseller News launches inaugural Hall of Fame lunch

Reseller News launches inaugural Hall of Fame lunch

Reseller News welcomed 2015 and 2016 inductees - Darryl Swann, Dave Rosenberg, Gary Bigwood, Keith Watson, Mike Hill and Scott Green - to the inaugural Reseller News Hall of Fame lunch, held at the French Cafe in Auckland. The inductees discussed how the channel can collectively work together to benefit New Zealand, the Kiwi skills shortage and the future of the industry. Photos by Maria Stefina.

Reseller News launches inaugural Hall of Fame lunch
Educating from the epicentre - Why distributors are the pulse checkers of the channel

Educating from the epicentre - Why distributors are the pulse checkers of the channel

​As the channel changes and industry voices deepen, the need for clarity and insight heightens. Market misconceptions talk of an “under pressure” distribution space, with competitors in that fateful “race for relevance” across New Zealand. Amidst the cliched assumptions however, distribution is once again showing its strength, as a force to be listened to, rather than questioned. Traditionally, the role was born out of a need for vendors and resellers to find one another, acting as a bridge between the testing lab and the marketplace. Yet despite new technologies and business approaches shaking the channel to its very core, distributors remain tied to the epicentre - providing the voice of reason amidst a seismic industry shift. In looking across both sides of the vendor and partner fences, the middle concept of the three-tier chain remains centrally placed to understand the metrics of two differing worlds, as the continual pulse checkers of the local channel. This exclusive Reseller News Roundtable, in association with Dicker Data and rhipe, examined the pivotal role of distribution in understanding the health of the channel, educating from the epicentre as the market transforms at a rapid rate.

Educating from the epicentre - Why distributors are the pulse checkers of the channel
Kiwi channel reunites as After Hours kicks off 2017

Kiwi channel reunites as After Hours kicks off 2017

After Hours made a welcome return to the channel social calendar last night, with a bumper crowd of distributors, vendors and resellers descending on The Jefferson in Auckland to kickstart 2017. Photos by Maria Stefina.

Kiwi channel reunites as After Hours kicks off 2017
Show Comments