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Supreme Court Wrestles With Microsoft Data Privacy Fight (reuters.com)
Supreme Court justices on Tuesday wrestled with Microsoft's dispute with the U.S. Justice Department over whether prosecutors can force technology companies to hand over data stored overseas, with some signaling support for the government and others urging Congress to pass a law to resolve the issue. From a report: Chief Justice John Roberts and Justice Samuel Alito, both conservatives, hinted during an hour-long argument in the case at support for the Justice Department's stance that because Microsoft is based in the United States it was obligated to turn over data sought by prosecutors in a U.S. warrant. As the nine justices grappled with the technological complexities of email data storage, liberals Ruth Bader Ginsburg and Sonia Sotomayor questioned whether the court needed to act in the data privacy case in light of Congress now considering bipartisan legislation that would resolve the legal issue. A ruling is due by the end of June.
Yeah, this case is basically the U.S. version of the German cases requiring search engines to strike Nazi results worldwide, and French cases requiring websites abroad to block content deemed illegal in France.
It's one of those situations where you only see the advantages if you consider only yourself (your country). But the disadvantages become obvious when you consider the world as a whole. e.g. "What if you could have sex with anyone who wanted?" Most people think that would be fantastic. "What if anyone could have sex with you?" Suddenly it doesn't seem like such a great idea.
The only decision which makes sense if you want to preserve the integrity of national borders is that U.S. law stops at the U.S. border, German law stops at the German border, French law stops at France's border. If the U.S. wants to get its hands on information Microsoft is storing in Ireland, they should file a request with Irish authorities (similar to an extradition request). Then Ireland can decide whether or not it should honor that request, and legally force Microsoft to turn the info over.