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ExtraTorrent.cc > Articles > Microsoft Won’t Be Forced to Hand over Content Stored Abroad

Microsoft Won’t Be Forced to Hand over Content Stored Abroad

Microsoft Won’t Be Forced to Hand over Content Stored Abroad

Added: Friday, July 15th, 2016
Category: Bit Torrent Freedom > The Right To Share
Tags:ISP, Download, BitTorrent, MPAA, RIAA, copyright-infringement, file-sharing, Torrenting
Privacy advocates have won: the US court has ruled that the US tech giants can’t be forced to turn over emails stored on its servers abroad. The court of appeals explained that the US law can’t be applied outside the country and effectively reversed a 2014 lower court order forcing Microsoft to turn over the contents of a customer’s email account stored abroad to the US government.


Microsoft hopes that the ruling would pave the way for new legislation. It should be noted that the US Department of Justice has been criticized by Congress for its reliance on case law, especially in the light of the recent Apple-FBI battle over unlocking the terrorist’s iPhone. Now people can have confidence that their privacy rights are governed by their own laws if they store information in the cloud.

The court also voided a finding of contempt against the tech giant, saying that warrants reach only data stored within the country, and that American service providers cannot be forced to produce data stored elsewhere. Microsoft had been the first American company to challenge such a warrant. The three-judge panel characterized the warrant as a subpoena presented as a warrant that also has the powers of a subpoena.

This case is very important for the tech sector where the companies increasingly rely on privacy as a selling point. This court ruling bolsters confidence in users that their documents in the cloud won’t be subject to unilateral seizure by the local government. The warrant in the case had sought contents of emails stored on an Irish server.

In the meantime, the Irish government explained that it could have helped the US Department of Justice obtain the emails related to a narcotics investigation, but they were simply not consulted. As for Microsoft, the company had warned that enforcing the warrant could spark a “global free-for-all” that would eviscerate personal privacy and prompt governments elsewhere to seize emails belonging to the US citizens stored in the US.

The case has been closely watched by both the technology and media sectors, with about 100 companies, organizations and individuals (including Apple, Cisco Systems, Gannett and Verizon Communications) filing briefs supporting Microsoft.

Posted by: 

Date:  Friday, July 15th, 2016

Comments (9) (please add your comment »)

posted by Site FriendET junkieET loverKittySunTurtle (2016-07-15 17:31:11)
Selsley avatarwould have been good if microsoft had lost and libya tried to seize obamas emails

posted by Site FriendET loverSupermanKitty (2016-07-15 17:37:01)
SirSeedsAlot avatarSome agencies don't use the court system so this is meaningless

posted by Kitty (2016-07-16 00:26:12)
Crash1 avatar@SirSeedsAlot They may not USE the court system, but they MUST abide by the judgements handed down, and the Tech companies now have a ruling they can use to answer 'No' to any request for overseas data. If those agencies ask the foreign Gov't for help and get it then the ruling is moot, but then again they have to GET the help first.

posted by (2016-07-16 03:50:08)
chriskc333 avatar@SirSeedsAlot yes but this is important, because even though certain agencies can get this information without approval. They can't use it in court if it was obtained illegally.

posted by (2016-07-16 07:05:46)
No avatar@ 3 and 4 never use the word can't when talking about us gov cuz the can and they will legality has nothing to do with it we already know they do what they want they just make these articles to make us feel better that's it

posted by (2016-07-16 11:02:28)
eyemanozzy avatarso nobody asked the irish government for help ?
maybe they shoulda sent black hawk choppers and navy seals first !!! then again , maybe they could've just asked nicely...lol....nice story !!

posted by Kitty (2016-07-17 07:57:15)
Daewoo avatarIt is written in the T&Cs that they will share your data. Seeing as Windows 10 sends all user data, passwords, emails, keystrokes back to M$, I'm sure they will gladly hand it over when requested. This is just PR spin for the fools that use Windows 10. Your data is NOT safe. But it is ok because it is free!!

posted by (2016-07-17 17:43:08)
No avatarThey do have secret courts also but they don't even need those. If anyone actually read the patriot act they would take a dump right on the spot. @#7, god help us all! Just remember to put black tape over that camera on your laptop .. lol It's obvious why they are built in now...

posted by men (2016-07-22 06:26:40)
Slickinator avatarwell this could be used as now if they took without asking you can fight it as inadmisable in court as not secured by law and could be tampered with so its a win on that side also

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