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Microsoft Gets Industry Support Against US Search Of Data In Ireland
An anonymous reader writes Tech giants such as Apple and eBay have given their support in Microsoft's legal battle against the U.S. government regarding the handing over of data stored in an Irish datacenter. In connection with a 2014 drugs investigation, U.S. prosecutors issued a warrant for emails stored by Microsoft in Ireland. The firm refused to hand over the information, but in July was ordered by a judge to comply with the investigation. Microsoft has today filed a collection of letters from industry supporters, such as Apple, eBay, Cisco, Amazon, HP, and Verizon. Trade associations including the U.S. Chamber of Commerce and Digital Rights Ireland have also expressed their support.
Part of me hopes Microsoft loses and this costs the huge US tech conglomerates oodles of overseas business.
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There is they could have sought a warrant in Ireland, since they have stronger privacy protections the fishing expeditions would not be allowed. That is why they are trying to make an end run to avoid that having to show cause etc etc etc.
No sir I dont like it.
The problem is that the US courts ruled that US law does apply in Ireland because Microsoft has a presence in both countries.
But there are decades of precedence for this: see the Foreign Corrupt Practices Act of 1977 and the 1988 ruling applying to foreign firms.
"I don't know, therefore Aliens" Wafflebox1
Property ownership of a legal corporate entity doesn't mean that the parent entity can compel the owned entity to break the law. Corporations exist entirely under national laws of incorporation.
And Microsoft, the parent, cannot absolve Microsoft, the child, from the applicable laws.
So if it would be illegal for an Irish citizen to comply with this order without an order from an Irish court ... then Microsoft Ireland if it breaks the laws in Ireland would be pretty much screwed. Microsoft USA can't do an end-run around Irish law just because they can get someone outside of Ireland to do it.
I would sincerely hope Microsoft Ireland would face giant fines, and someone would be sent to jail.
Wholly owned subsidiary is the not the same as property. That wholly owned subsidiary is a legal entity in Ireland which is 100% subject to Irish laws.
Some American court doesn't have the jurisdiction to make that legal entity violate local laws. It's delusional to think otherwise.
Mere whim of the US courts doesn't mean Irish law can be ignored.
Lost at C:>. Found at C.
Property ownership of a legal corporate entity doesn't mean that the parent entity can compel the owned entity to break the law. Corporations exist entirely under national laws of incorporation.
Of course. I never suggested otherwise.
So if it would be illegal for an Irish citizen to comply with this order without an order from an Irish court ...
Are you saying it would be outright illegal for an Irish citizen to forward a document or a copy of it to a court in the United States?
It's already been said: Irish law has stronger privacy protections, and forwarding a private e-mail of a customer would be a breach of said law. It was asked to Irish courts, and Irish courts denied US courts access to said mail without providing probable cause in Irish terms.
So yes, not only it would be outright illegal, but a court has already decided that there's not enough evidence and has forbidden said forwarding.
Anyone in Ireland that complies to said order from the US would be subject to Irish law.
Anyone in the US that gets into Irish servers to extract the information would be subject to Irish law through extradition for comitting a crime (cyber or not) in Ireland.
It's a fucked up situation.