Ride the Lightning

Judge Orders Microsoft to Turn Over Customer Data in Ireland

August 5, 2014

The Washington Post reported last week that, in a first of its kind decision, a court has ordered that Microsoft turn over a customer's e-mails that are held in Ireland.

District Court Judge Loretta Preska of the Southern District of New York upheld a magistrate judge’s opinion in December ordering Microsoft to allow federal authorities to obtain copies of the data which the government is seeking as part of a drug-trafficking probe. Preska agreed to stay her ruling to allow the company time to appeal. Microsoft immediately announced its intention to do so.

The case is a test of whether the government can assert a right to digital content wherever in the world it is stored. Microsoft and privacy advocates argue that this decision would set a dangerous precedent that other governments might be encouraged to emulate. If we can get data abroad, why can't they?

This decision certainly does set a dangerous precedent – I hope Microsoft is successful in its appeal.

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