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posted by Fnord666 on Wednesday January 03 2018, @11:41AM   Printer-friendly
from the like-two-rams dept.

United States of America v. In the matter of a Warrant to Microsoft, Inc.

In October 2017, the Supreme Court agreed to hear this case that is being closely watched by major tech firms.

The question is this: can American law enforcement, with a valid warrant, obtain data physically held abroad by an American company? Microsoft argues that no, any data held abroad cannot be touched by an American court order, while the Department of Justice argues that this allows companies to easily defy judicial orders.

This particular case revolves around email held in an Outlook account in Ireland—it is not publicly known what the government hopes would be revealed by acquiring the email, which was sought as part of a drug investigation. Investigators have also not revealed whether the email account owner is American or if that person has been charged with a crime.

American authorities sought this data under the Stored Communications Act. The US government, could, however, use the Mutual Legal Assistance Treaty process as a way to contact Irish authorities to serve a local warrant upon Microsoft's Irish subsidiary, which controls the data center, to obtain the data. That procedure, which may have already been undertaken, is likely slower than a SCA warrant. However, if the government did go ahead with an MLAT request, it was likely to have been fulfilled during the lengthy process of the judicial appeal.

On December 13, 2017, the Republic of Ireland filed its own amicus brief—supporting neither side—arguing essentially that it would comply with an MLAT request "if and when it be made."

Oral argument has been scheduled for February 27, 2018.

https://arstechnica.com/tech-policy/2018/01/microsoft-doj-set-to-go-head-to-head-at-supreme-court-in-2018/

-- submitted from IRC


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  • (Score: 1, Insightful) by Anonymous Coward on Wednesday January 03 2018, @08:16PM (1 child)

    by Anonymous Coward on Wednesday January 03 2018, @08:16PM (#617327)

    A US win here would definitely put the other 96 % of the world population1 on notice that the US doesn't respect their sovereignty. Not one bit.

    Sovereignty has nothing to do with this. A win would put the 96% of the world population on notice that the US Government can force US companies to obey them. Or rather, it would put the world on notice that the US government thinks that this is fair game and is willing to force Microsoft to comply; there is no doubt in anybody's mind that the US Government can force Microsoft to do anything.

    Of note, see the "controversy" around Kaspersky software and the US Government no longer using them. Do you really think if the Kremlin were to lean on them that they would disobey a request to do something? Sure the Kremlin (officially) doesn't, but if they really wanted to push it, the Kaspersky would fold. Likewise if the US Government really wanted to push it and threaten things like unincorporating the company, Microsoft would fold as well.

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  • (Score: 2) by DannyB on Wednesday January 03 2018, @09:53PM

    by DannyB (5839) Subscriber Badge on Wednesday January 03 2018, @09:53PM (#617371) Journal

    Excellent point.

    And how many other governments use Microsoft code?

    Surely the US would never force Microsoft to insert an NSAKEY [wikipedia.org].

    --
    People today are educated enough to repeat what they are taught but not to question what they are taught.