Microsfot vince la causa sulle email archiviate in Irlanda
Judgement: http://pdfserver.amlaw.com/nlj/microsoft_ca2_20160714.pdf "CONCLUSION We conclude that Congress did not intend the SCA’s warrant provisions to apply extraterritorially. The focus of those provisions is protection of a user’s privacy interests. Accordingly, the SCA does not authorize a U.S. court to issue and enforce an SCA warrant against a United States‐based service provider for the contents of a customer’s electronic communications stored on servers located outside the United States. The SCA warrant in this case may not lawfully be used to compel Microsoft to produce to the government the contents of a customer’s e‐mail account stored exclusively in Ireland. Because Microsoft has otherwise complied with the Warrant, it has no remaining lawful obligation to produce materials to the government. We therefore REVERSE the District Court’s denial of Microsoft’s motion to quash; we VACATE its order holding Microsoft in civil contempt of court; and we REMAND this cause to the District Court with instructions to quash the warrant insofar as it demands user content stored outside of the United States." -- Prof. Avv. Alessandro Mantelero Politecnico di Torino Nexa Center for Internet and Society | Director of Privacy Politecnico di Torino–Tongji University| Coordinator, Double Degree program in Management and IP Law Nanjing University of Information Science and Technology | Part-time Expert, School of Public Administration European Data Protection Law Review | Associate Editor http://staff.polito.it/alessandro.mantelero EMAIL POLICY: twice a day (Mon-Fri)
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Alessandro Mantelero