U.S. Judge Rules Microsoft Must Produce Emails Held Abroad
U.S. Judge Rules Microsoft Must Produce Emails Held Abroad Judge Rules Company Must Comply With a U.S. Warrant for Email Stored at Data Center in Ireland Microsoft must comply with a U.S. warrant for customer email stored in a company data center in Ireland, a federal judge ruled Thursday. The search warrant was issued as part of a criminal investigation whose details remain secret. It is unclear whether the customer targeted by the Justice Department is located in the U.S. The company's lawyers had argued that the Justice Department needed to obtain the emails through a legal treaty with Ireland, and that forcing Microsoft to retrieve them without the country's consent violated Irish sovereignty and international law. But Chief U.S. District Judge Loretta Preska in Manhattan federal court ruled that the location of the email was irrelevant, because Microsoft controlled it from the U.S. Microsoft General Counsel Brad Smith said Thursday, "The only issue that was certain this morning was that the District Court's decision would not represent the final step in this process. "We will appeal promptly and continue to advocate that people's email deserves strong privacy protection in the U.S. and around the world," he added. continua qui: http://online.wsj.com/articles/u-s-judge-rules-microsoft-must-produce-emails... -- Avv. Alessandro Mantelero, PhD Aggregate Professor, Politecnico di Torino Director of Privacy and Faculty Fellow, Nexa Center for Internet and Society Visiting Fellow, Oxford Internet Institute Research Consultant, Sino-Italian Research Center for Internet Torts at Nanjing University of Information Science & Technology Programme Coordinator, Double Degree program in Management and IP Law, Politecnico di Torino–Tongji University of Shanghai http://staff.polito.it/alessandro.mantelero Politecnico di Torino Corso Duca degli Abruzzi, 24 10129 Torino - Italy in libertate fortitudo
La questione prende spessore: Microsoft case: DoJ says it can demand every email from any US-based provider <http://www.theguardian.com/technology/2015/sep/09/microsoft-court-case-hotma...> The United States government has the right to demand the emails of anyone in the world from any email provider headquartered within US borders, Department of Justice (DoJ) lawyers told a federal appeals court on Wednesday. The case being heard in the second circuit court of appeals is between the US and Microsoft and concerns a search warrant that the government argues should compel Microsoft to retrieve emails held on a Hotmail server in Ireland. Microsoft contends that the DoJ has exceeded its authority with potentially dangerous consequences. Organizations including Apple, the government of Ireland, Fox News, NPR and the Guardian have filed amicus briefs with the court, arguing the case could set a precedent for governments around the world to seize information held in the cloud. Judges have ruled against the tech company twice. Counsel for Microsoft contends that the US search warrant should not have been used to compel it to hand over emails stored in Ireland. “This is an execution of law enforcement seizure on their land,” Joshua Rosenkranz, counsel for Microsoft, told the court. “We would go crazy if China did this to us.” The DoJ contends that emails should be treated as the business records of the company hosting them, by which definition only a search warrant would be needed in order to compel the provision of access to them no matter where they are stored. Microsoft argues the emails are the customers’ personal documents and a US warrant does not carry the authority needed to compel the company to hand it over. “This notion of the government’s that private emails are Microsoft’s business records is very scary,” Rosenkranz told the court. [...] ciao Alberto -- http://cammozzo.com http://www.tagMeNot.info @donttag On 31/07/2014 22:33, Alessandro Mantelero wrote:
U.S. Judge Rules Microsoft Must Produce Emails Held Abroad Judge Rules Company Must Comply With a U.S. Warrant for Email Stored at Data Center in Ireland
Microsoft must comply with a U.S. warrant for customer email stored in a company data center in Ireland, a federal judge ruled Thursday. The search warrant was issued as part of a criminal investigation whose details remain secret. It is unclear whether the customer targeted by the Justice Department is located in the U.S. The company's lawyers had argued that the Justice Department needed to obtain the emails through a legal treaty with Ireland, and that forcing Microsoft to retrieve them without the country's consent violated Irish sovereignty and international law. But Chief U.S. District Judge Loretta Preska in Manhattan federal court ruled that the location of the email was irrelevant, because Microsoft controlled it from the U.S. Microsoft General Counsel Brad Smith said Thursday, "The only issue that was certain this morning was that the District Court's decision would not represent the final step in this process. "We will appeal promptly and continue to advocate that people's email deserves strong privacy protection in the U.S. and around the world," he added.
continua qui: http://online.wsj.com/articles/u-s-judge-rules-microsoft-must-produce-emails...
-- Avv. Alessandro Mantelero, PhD Aggregate Professor, Politecnico di Torino Director of Privacy and Faculty Fellow, Nexa Center for Internet and Society
Visiting Fellow, Oxford Internet Institute
Research Consultant, Sino-Italian Research Center for Internet Torts at Nanjing University of Information Science & Technology
Programme Coordinator, Double Degree program in Management and IP Law, Politecnico di Torino–Tongji University of Shanghai
http://staff.polito.it/alessandro.mantelero
Politecnico di Torino Corso Duca degli Abruzzi, 24 10129 Torino - Italy
in libertate fortitudo _______________________________________________ nexa mailing list nexa@server-nexa.polito.it https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa
Ancora sulla questione che definirà la "territorialità " dei dati in rete, almeno per gli US. Un interessante commento sulle attuali posizioni: <https://www.justsecurity.org/25901/microsoft-warrant-case-policy-issues/> [] If Microsoft wins, governments will be incentivized to require that their citizens and residents store their data locally, so as to ensure jurisdiction over—and thus access to—the data. If successful, this will have significant costs to the efficiency and effectiveness of the Internet as a whole. Conversely, the government’s position is also flawed, arguably creating more problems than it solves. It marks the beginning to the end of sovereign control over privacy within its borders. The United States is not the only government asserting broad authority to compel data, wherever located. The United Kingdom says that it can compel companies to produce data, wherever located, so long as the company is operating in its jurisdiction. Brazil has considered similar legislation, and other nations are following suit. While United States’ law currently prohibits U.S.-based companies from complying with such foreign government requests when content, such as the substance of one’s emails, is involved, it contains no similar restrictions on foreign government access to non-content information—such as subscriber information, time and duration of sessions, to/from lines on emails, and IP addresses. Transparency reporting indicates the governments receive, and respond to, tens of thousands of requests for such non-content information from foreign governments every year. As our lives become increasingly digitalized, the volume of such requests will only increase over time. As will the scope of information that can be learned from such data.[] Pressione sul legislatore anche da parte dei magistrati: <http://thehill.com/policy/technology/253197-appeals-judge-goads-congress-dur...> E una proposta di legge US in discussione: The Law Enforcement Access to Data Stored Abroad Act <https://www.govtrack.us/congress/bills/114/s512/text> []This Act authorizes the use of search warrants extraterritorially only where the Government seeks to obtain the contents of electronic communications belonging to a United States person.[] ciao, Alberto On 11/09/2015 09:14, Alberto Cammozzo wrote:
La questione prende spessore:
Microsoft case: DoJ says it can demand every email from any US-based provider
<http://www.theguardian.com/technology/2015/sep/09/microsoft-court-case-hotma...>
The United States government has the right to demand the emails of anyone in the world from any email provider headquartered within US borders, Department of Justice (DoJ) lawyers told a federal appeals court on Wednesday. The case being heard in the second circuit court of appeals is between the US and Microsoft and concerns a search warrant that the government argues should compel Microsoft to retrieve emails held on a Hotmail server in Ireland. Microsoft contends that the DoJ has exceeded its authority with potentially dangerous consequences. Organizations including Apple, the government of Ireland, Fox News, NPR and the Guardian have filed amicus briefs with the court, arguing the case could set a precedent for governments around the world to seize information held in the cloud. Judges have ruled against the tech company twice. Counsel for Microsoft contends that the US search warrant should not have been used to compel it to hand over emails stored in Ireland. “This is an execution of law enforcement seizure on their land,” Joshua Rosenkranz, counsel for Microsoft, told the court. “We would go crazy if China did this to us.”
The DoJ contends that emails should be treated as the business records of the company hosting them, by which definition only a search warrant would be needed in order to compel the provision of access to them no matter where they are stored. Microsoft argues the emails are the customers’ personal documents and a US warrant does not carry the authority needed to compel the company to hand it over.
“This notion of the government’s that private emails are Microsoft’s business records is very scary,” Rosenkranz told the court. [...]
ciao
Alberto
-- http://cammozzo.com http://www.tagMeNot.info @donttag
On 31/07/2014 22:33, Alessandro Mantelero wrote:
U.S. Judge Rules Microsoft Must Produce Emails Held Abroad Judge Rules Company Must Comply With a U.S. Warrant for Email Stored at Data Center in Ireland
Microsoft must comply with a U.S. warrant for customer email stored in a company data center in Ireland, a federal judge ruled Thursday. The search warrant was issued as part of a criminal investigation whose details remain secret. It is unclear whether the customer targeted by the Justice Department is located in the U.S. The company's lawyers had argued that the Justice Department needed to obtain the emails through a legal treaty with Ireland, and that forcing Microsoft to retrieve them without the country's consent violated Irish sovereignty and international law. But Chief U.S. District Judge Loretta Preska in Manhattan federal court ruled that the location of the email was irrelevant, because Microsoft controlled it from the U.S. Microsoft General Counsel Brad Smith said Thursday, "The only issue that was certain this morning was that the District Court's decision would not represent the final step in this process. "We will appeal promptly and continue to advocate that people's email deserves strong privacy protection in the U.S. and around the world," he added.
continua qui: http://online.wsj.com/articles/u-s-judge-rules-microsoft-must-produce-emails...
-- Avv. Alessandro Mantelero, PhD Aggregate Professor, Politecnico di Torino Director of Privacy and Faculty Fellow, Nexa Center for Internet and Society
Visiting Fellow, Oxford Internet Institute
Research Consultant, Sino-Italian Research Center for Internet Torts at Nanjing University of Information Science & Technology
Programme Coordinator, Double Degree program in Management and IP Law, Politecnico di Torino–Tongji University of Shanghai
http://staff.polito.it/alessandro.mantelero
Politecnico di Torino Corso Duca degli Abruzzi, 24 10129 Torino - Italy
in libertate fortitudo _______________________________________________ nexa mailing list nexa@server-nexa.polito.it https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa
_______________________________________________ nexa mailing list nexa@server-nexa.polito.it https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa
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Alberto Cammozzo -
Alessandro Mantelero