Microsoft Agrees To Contempt Order So It Can Appeal Email Privacy Case

An anonymous reader writes: Microsoft made news some weeks ago for refusing to hand over customer emails stored on its Dublin, Ireland servers to the U.S. government. The district judge presiding over the case agreed with the government and ordered Microsoft to comply with its demands. On Monday, Microsoft struck a deal with the U.S. government in which the company would be held on contempt charges but would not be penalized for it until after the outcome of an appeal. The district judge endorsed the agreement (PDF) on Thursday.

Comments

Re:I don't see how MS can comply

[jbolden]

The ruling applies to anyone doing business in the United States. So it would apply to European companies having a cloud that included the USA as well. What it will mean is either:

a) Europe and the USA create a treaty covering this so there is black letter law
b) There are not global clouds
c) There is de-facto situation where the USA rules governing warrants are enforceable for most everyone and anyone not wanting to be subject to USA warrants needs to stay on Europe only cloud services.

Microsoft has already hedged themselves in Europe by informing their customers that using Azure is agreeing to export and to not upload any data for which would be illegal to export. So legally they should be fine in Europe. I think they are very worried about (b) becoming the outcome. I just don't see it though. Apple, Google, IBM, Amazon... all face the same issue. Corporations want global clouds. They are probably on balance hostile to European privacy laws. The pressure is going to be applied to European governments to go towards (a) or (c).

Re:About Time

[rvw]

First time I've wanted to actually compliment Mickeysoft on something in years.

You think they're doing this for the right reasons? Wakey wakey!

Right or not - if the EU is too weak to force the US to back down with these laws, maybe money is the way to go.

Re:Microsoft has to fight this ...

[gstoddart]

Microsoft USA has acces to mail relevant ot the case. It have been moved to storage owned by a different Microsoft entity in Ireland. Since Microsoft USA has access to it it should be reasonable for a US court-order that correctly follows due process to require that Microsoft USA provide the mail to the court.

So, your argument is that if Microsoft operates in North Korea, Iran, or any other country .. that those countries should also be able to force Microsoft to hand over any and all records on Americans if they see fit? Without showing probable cause in the the US or worrying about American laws?

Or are you saying that only America gets to have extra-territorial laws because you're special?

Which is it? Every court on the planet should be able to subpoena any record from a multinational because they want it? Or you're just so damned unique and awesome that it's only you?

There's not really much middle ground here. Either it is a legal principle which would apply to any country ... or it isn't.

And if it isn't, your argument is probably crap and reeks of exceptionalism.