Federal judge to Microsoft: Government can retrieve emails stored abroad

Federal judge to Microsoft: Government can retrieve emails stored abroad

Microsoft will appeal a ruling that finds nothing wrong with federal search warrants for emails stored outside of the U.S.

Microsoft plans to appeal an oral ruling by a federal judge in Manhattan that did not find anything wrong with the U.S. Department of Justice issuing search warrants for emails stored on Microsoft servers in Ireland.

In the process, U.S. District Judge Loretta Preska of the U.S. District Court for the Southern District of New York rejected Microsoft’s arguments in an appeal in which the company claimed that the U.S. government was overstepping its jurisdiction. The Department of Justice had issued the search warrants in a criminal case and in April, a magistrate judge rejected Microsoft’s claim that it did not have to obey them.

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

Under U.S. law, search warrants are required to state the location of the information they seek and they do not require the company to search “multiple locations for the information,” PC World reported. 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, according to Smith.

In a brief filed with the court that swayed Preska, U.S. Attorney Preet Bharara of the Southern District of New York contended that if Microsoft prevailed, “web services providers could move content around the world in an effort to avoid law enforcement requests.”

Microsoft will appeal Preska’s ruling to the U.S. Court of Appeals for the 2nd District, the company said, and will not have to turn over the emails until that process plays out.

 

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