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posted by on Tuesday February 07 2017, @06:50PM   Printer-friendly
from the and-if-some-american-ones-slip-in-there-who-will-notice? dept.

A U.S. judge has ordered Google to hand over emails stored outside the country in order to comply with an FBI search warrant. The warrant in question pertains to a domestic fraud probe.

The ruling is notable because it goes against an appeals court judgement last year — recently upheld — pertaining to Microsoft customer data held in servers outside the US. In that instance a federal court ruled the company did not have to hand over data stored on its servers in Ireland to the US government, declining to "disregard the presumption against extraterritoriality," as the judge put it.

However in the Google case, U.S. Magistrate Judge Thomas Rueter ruled on Friday that the act of transferring emails from a foreign server did not qualify as a seizure. According to Reuters, the judge ruled there is no "meaningful interference" with the account holder's "possessory interest", going on to assert that any privacy infringement occurs "at the time of disclosure in the United States", rather than when the data itself is transferred.

Google's legal team had sought to use the Microsoft ruling as precedent to challenge the warrant's scope. The company had turned over data that was stored in the US only. In a statement it said it will be appealing the judgement. "The magistrate in this case departed from precedent, and we plan to appeal the decision. We will continue to push back on overbroad warrants," it said.

Both cases involve warrants issued under a 1986 federal law called the Stored Communications Act, which — as you can imagine, given its date-stamp — has long been described as a "woefully outdated" piece of legislation vs the technology it is now being used to regulate.

Source:

https://techcrunch.com/2017/02/04/google-told-to-hand-over-foreign-emails-in-fbi-search-warrant-ruling/


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  • (Score: 2) by bob_super on Tuesday February 07 2017, @07:28PM

    by bob_super (1357) on Tuesday February 07 2017, @07:28PM (#464227)

    What will be the position of El Twitteraro Supremo? Pick one or more:
      - "Activist Judge" overreach
      - Scumbag CA lefties Google should obey the Good Guys FBI
      - Bad Fraudster should get caught
      - Don't go investigate my^W investments abroad

    Starting Score:    1  point
    Karma-Bonus Modifier   +1  

    Total Score:   2