03-01-15

in march 2015 the case about the reach of the US juridisction over US webcompanies worldwide moves forward

"This case, titled In the Matter of a Warrant to Search Certain  E-mail Account Controlled and Maintained by Microsoft Corporation, raises a set of novel, and quite fascinating questions regarding the geographic reach of the government’s warrant authority under the Electronic Communications Privacy Act (ECPA). As readers of this blog will know, Microsoft in December moved to quash a warrant requiring it to produce emails stored in a data center in Dublin, Ireland, arguing that the court had no jurisdiction to issue a warrant with extraterritorial reach.  The government countered that Microsoft was compelled to produce everything in its custody and control, regardless of where it was stored, and in any event, it was not an extraterritorial search since it was being accessed from within the United States.

 

Both the magistrate judge and district court have  sided with the government, and the case is now before the Second Circuit. Not only have the major U.S.-based telecommunications company and Internet Service Providers filed amicus briefs on Micrsoft’s behalf (i.e., Verizon, AT&T, Apple, Cisco, and Google, to name a few), but so have media outlets, computer scientists, rights groups, and the U.S. Chamber of Commerce, among others. Brad Smith, Microsoft’s General Counsel, has been blogging and publicly speaking and about the case.

 

All of the briefing, including the amicus briefs can be found here; the government’s brief is due to the Second Circuit in March
http://justsecurity.org/18762/top-10-national-security-ca...

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