Skip to main content

Microsoft and the U.S. government will argue over data access in court tomorrow

Microsoft will have its day in court tomorrow as it attempts to protect a user’s emails stored at an overseas data center from the U.S. authorities.

At the center of the case at the Second U.S. Circuit Court of Appeals, located in New York, is a dispute between Microsoft and the US government, which is currently investigating an individual for drug-related crimes. Investigators have been trying to gain access to Microsoft’s servers in Dublin, Ireland for years through search warrants to gather evidence on their suspect.

Recommended Videos

Microsoft, who has received support for its stance from the wider tech industry including Apple, Amazon, and Cisco, had denied the U.S. access to the emails, stating that it holds no jurisdiction over emails stored on a server outside the country.

“The government cannot seek and a court cannot issue a warrant allowing federal agents to break down the doors of Microsoft’s Dublin facility,” said the company in its legal brief filed last summer.

Authorities argue that it should have access to the servers as Microsoft is an American company. In a number of hearings so far, Microsoft has been struggling to make its defense after one judge said last year that it was “not a question of the location of that information.”

The U.S. also argued that a person’s bank information in foreign accounts is already subject to searches.

“A bank can be compelled to produce the transaction records from a foreign branch, but not the contents of a customer’s safe-deposit box kept there,” responded Microsoft. “A customer’s e-mails are similarly private and secure and not subject to importation.” The ruling was stayed for appeal, and that appeal will heard tomorrow.

The Irish government has previously stated that it would cooperate with the US provided it moved through official international channels.

“Ireland has a genuine and legitimate interest in potential infringements by other states of its sovereign rights with respect to its jurisdiction over its territory,” it said last December.

Microsoft and its supporters argue that if the emails were handed over to authorities, it would be another overreach of the government and would damage the reputation of the American tech industry even beyond the damage caused by the Edward Snowden leaks.

Microsoft has been building more data centers outside of the US, recently opening two facilities in Canada and applying for building permission for a second data center in Dublin in June.

Jonathan Keane
Former Digital Trends Contributor
Jonathan is a freelance technology journalist living in Dublin, Ireland. He's previously written for publications and sites…
Severance fans, this Lumon Terminal style MDR Dasher Keyboard could soon be yours
MDR Dasher Keyboard

All outies take note, you could soon be using the very same Lumon keyboard as your innie, thanks to the MDR Dasher Keyboard.

If that sentence made no sense to you then you've likely not seen Severance, the Apple TV+ show, and probably won't want one of these keyboards.

Read more
Buy this Samsung OLED ultrawide gaming monitor while it’s under $1,000
Kena Bridge of Spirits on the Samsung Odyssey OLED G9.

The Samsung Odyssey OLED G9 gaming monitor is the perfect partner for a powerful upgrade from gaming PC deals, but it's pretty expensive at its original price of $1,300. If you're interested in this fantastic screen, you won't want to miss this chance to get it for less than $1,000 from Samsung, which is selling the gaming monitor with a $350 discount that pulls its price down to $950. We're not sure how much time is remaining before this offer expires though, so you'll have to hurry to make sure you pocket the savings.

Why you should buy the Samsung Odyssey OLED G9 gaming monitor

Read more
Get the Dell Inspiron 16 Plus laptop with 16GB of RAM for only $600
Dell Inspiron 16 Plus front angled view showing display and keyboard.

Dell is an excellent source of laptop deals for both premium machines and budget-friendly devices. If you're leaning toward the latter for your next purchase, you should consider the Dell Inspiron 16 Plus. From an original price of $1,000, it will be yours for a more affordable $600 if you purchase it right now. The stocks that are part of this clearance sale may run out at any moment, so if you want to take advantage of the $400 discount, you're going to have to push through with your transaction for this laptop immediately.

Why you should buy the Dell Inspiron 16 Plus laptop

Read more