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26 Jan 2017

Kieren McCarthy, Register (UK)

USA: Court denies govt.'s appeal in lawsuit against Microsoft over seizure of data stored abroad

"US govt can't stop Microsoft taking its Irish email seizure fight to the Supreme Court", 24 Jan 2017

The US government has lost a legal appeal to have a critical case against Microsoft reheard, paving the way for a Supreme Court challenge...[T]he Second Circuit Court of Appeals...denied...a full rehearing of the case in which Microsoft has refused to hand over to American investigators the emails of a non-US citizen held on a server in Ireland...Back in 2014, the FBI used a law dating from 1986 (the Stored Communications Act) to ask for the emails; Microsoft refused to hand them over, arguing that search warrants did not reach beyond US borders.  In July 2016, the appeals court sided with Microsoft...The Justice Department...asked for a full-bench hearing...[I]t is possible that the Justice Department will be asked to drop the case, but it is more likely that it will take the case to the Supreme Court, which will effectively be asked to decide where data lives and how far US laws stretch in the digital era...