Microsoft Corporation v. United States of America

Microsoft Corporation v. United States of America, (also known as the "Microsoft Ireland" case), is an appeal before the United States Court of Appeals for the Second Circuit whose central issue is whether a domestic search warrant can compel American companies to produce data stored in servers outside the United States. The Second Circuit is expected to commence hearing oral argument in the case sometime in Spring or Summer 2015.[1][2]

Background

The case began in December 2013 when a New York district court judge issued a warrant asking Microsoft to produce all emails and private information associated with a certain account hosted by Microsoft. The account's emails were stored on a server located in Dublin, Ireland, one of many datacenters held by Microsoft around the world to improve the speed of service it provides its foreign customers. Microsoft provided account information kept on its U.S. servers but refused to turn the emails over, arguing that a U.S. judge has no authority to issue a warrant for information stored abroad. Microsoft moved to vacate the warrant for the content held abroad on 18 December 2013. In May 2014, a federal magistrate judge disagreed with Microsoft and ordered it to turn over the emails. Microsoft appealed to the District Court for the Southern District of New York.[3]

The district court found in favour of the government and Microsoft appealed to the Second Circuit.[1][2]

On 23 December 2014 the Irish government filed an amicus brief in support of Microsoft, as have numerous other organisations and individuals.[4] The Irish government maintains the emails should be disclosed only on request to the Irish government pursuant to the long standing Mutual Legal Assistance Treaty between the U.S. and Ireland.[5]

See also

Max Schrems

References and sources

References
Sources

External links