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Microsoft wins landmark appeal over seizure of foreign emails

CSR Thoughts...

The 2nd U.S. Circuit Court of Appeals ruled in a 3-0 decision that the U.S. government cannot access overseas data with a warrant.  This decision reversed a 2014 ruling requiring Microsoft to turn over emails pertaining to a narcotics case.  The government wanted access to a user’s email data that is located in Dublin, Ireland.  The panel based its judgment on the 30-year-old U.S. Stored Communications Act. Circuit Court Judge Sarah Carney stated that the act, “does not authorize courts to issue and enforce against U.S.‐based service providers warrants for the seizure of customer e‐mail content that is stored exclusively on foreign servers.”




A federal appeals court on Thursday said the U.S. government cannot force Microsoft Corp and other companies to turn over customer emails stored on servers outside the United States.
The 3-0 decision by the 2nd U.S. Circuit Court of Appeals in Manhattan is a defeat for the U.S. Department of Justice, and a victory for privacy advocates and for technology companies offering cloud computing and other services around the world.