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Cybersecurity & Standards, European Policy, Government Surveillance

U.S. battle over Microsoft e-mails could result in ‘global free-for-all’

Washington Post:

If the government prevails in its legal battle to compel Microsoft to turn over e-mails held on a server in Ireland, an “international firestorm” could result, an attorney for the tech giant told a federal court in New York on Wednesday.

In a case with significant global business and privacy implications, Joshua Rosenkranz, a Microsoft attorney, argued that U.S. law does allow the federal government to issue a warrant for e-mails the company is storing in a data center overseas.

“The case will set a precedent that will have a worldwide impact,’’ said Gregory T. Nojeim, senior counsel for the Center for Democracy and Technology, which also has filed a legal brief in support of Microsoft. “If U.S. warrants compel U.S. providers to disclose communications stored outside the country, foreign governments will argue that their legal orders work in the United States, including countries that have lousy surveillance laws, or that don’t follow the laws they do have. Welcome to the Wild West.”

Full article.