Microsoft Continues To Resist US Warrant For Irish Data

Bruce66423 writes: Microsoft is back in court over the claim by the U.S. authorities that because it is a U.S.-based company, it can be ordered to ignore the rules of the countries it's operating in. "If the U.S. government is permitted to serve warrants on tech companies in the United States and obtain people's emails in any country, it will open the floodgate for other countries to serve warrants on tech companies for the private communications of American citizens that are stored in the United States in a data center owned by a foreign company," said Microsoft general counsel Brad Smith. Apple and other tech companies are fighting back as well. Actually, the U.S. firms may be missing a trick here; because the U.S. government charges a far higher rate of corporation tax than others do, U.S. companies are at a disadvantage. So it seems to make sense for the tech firms in the firing line to use this harassment as an excuse to move their domicile overseas... nothing to do with the tax advantages, honest! We're making a principled stand to resist government encroachment.

Comments

I agree with Microsoft here.

[tlambert]

I agree with Microsoft here. On this issue, they are fighting the good fight.

Re:I agree with Microsoft here.

[0123456]

You agree that Microsoft can abuse its multinational status to ignore US law?

Do you want your emails on an American server handed over to Russia because the Russians claim you broke some law there?

Financial Motivation

[Roger W Moore]

True but I expect that there is a strong financial incentive behind it. If the US government compels them to turn over the data in contravention of local laws it will not absolve their responsibility and culpability under those laws. Hence they will also most certainly get sued for damages by the people whose data they have illegally turned over as well as end up facing criminal fines for violating privacy laws.

Re:Financial Motivation

[gstoddart]

Pretty much that.

The US has decided they have the right to have extra-territorial laws.

They also seem to think they can force Microsoft to ignore the laws in other countries -- or at least that if they get forced to comply with the law that's Microsoft's problem to deal with.

Nothing the US government can ever do can absolve Microsoft from being subject to the laws in the countries where they do business. And the US is demanding information about citizens in another country.

If the belief is the US can do this and no other country can .... then America has really gotten themselves an over-inflated sense of self. But then again, I'm sure a lot of people will exactly that; it's OK to spy on other people, but if you do it to us it's an act of war.

Microsoft has no choice but to fight this. Because if they break the law in countries like Ireland they're pretty much going to get into really deep troubles and possibly lose the ability to do business in those countries.

This has always been the problem with the PATRIOT Act, in making American companies part of the spy apparatus, they essentially make it so that other countries simply cannot do business with American companies, because they can't trust American companies.

Re:Financial Motivation

[ArmoredDragon]

What really gets me is the US has a law called the Foreign Corrupt Practices Act that makes it illegal in the US for a company to break certain laws overseas. For example, in a lot of foreign countries, giving somebody a gift at a business meeting is obligatory and considered polite, whereas in the west it's considered a bribe. So US corporations are held to observing the laws in whatever country they're doing business with (i.e. if it's considered a bribe there, then the US will punish them.)

But then on this issue, the DOJ does a 180 and tells them that they MUST violate the law of the foreign country that they're doing business in.