Some folks think this is up-to-date
American law enforcement officials cannot get evidence located in other countries without the help of foreign governments. But can an American company be ordered by a court to turn over information stored on computer servers located in another country? The Federal District Court for the Southern District of New York will consider that question this week in a narcotics case in which federal prosecutors want access to a Microsoft email account stored in Ireland.
The case raises difficult questions about the reach of domestic law and the Internet’s global nature. It also points to significant gaps in American laws, which do not address how data stored abroad should be treated. Congress passed the Stored Communications Act, the law at issue in this case, in 1986, when few people could have foreseen cloud computing or imagined that businesses would operate data centers around the world that store messages and documents of Americans and foreigners alike.
I certainly hope you don’t think the lazy bastards we elected would keep up-to-date with changing technology and legal responsibility. Some of these clowns still haven’t figured out civil rights or having a commitment to the whole electorate.
Microsoft is asking the court to quash a warrant issued by a federal magistrate judge in December, contending that it cannot be compelled to turn over information located in its Irish data center because American law does not apply there. It argues that to obtain information stored in Ireland, the Justice Department needs to go through the legal-assistance treaty between that country and the United States. Other companies, including Verizon, AT&T and Apple, and public-interest groups like the Electronic Frontier Foundation have filed briefs supporting Microsoft’s position.
The United States attorney’s office in Manhattan, which is fighting Microsoft, argues that going through foreign governments would be far too cumbersome and would allow criminals to evade American law by storing information about illegal activities on foreign servers.
Not much more detail needed. The crux of the case is privacy protection which can affect all of us.