Court Says Microsoft Does Not Need To Respond To US Warrant For Overseas Data
You may have heard of the ongoing case where the US FBI is demanding Microsoft turn over data held on servers in Ireland. The US Government is claiming that, because the Irish operation is under the control of Microsoft’s headquarters in the US, that it falls under US jurisdiction and so the company can be compelled to turn over the data with nothing more than a warrant issued by a US court.
The appeals court has disagreed https://www.techdirt.com/articles/20160714/10134734971/huge-win-court-says-microsoft-does-not-need-to-respond-to-us-warrant-overseas-data.shtml.
The peculiar thing is, there are already international arrangements under which the US can ask the Irish Government to request one of their courts to order the surrender of the data. But they don’t seem to want to do that.
I wrote:
The peculiar thing is, there are already international arrangements under which the US can ask the Irish Government to request one of their courts to order the surrender of the data. But they don’t seem to want to do that.
This is the Mutual Legal Assistance Treaty, mentioned in this report http://arstechnica.com/tech-policy/2016/07/microsoft-wins-court-rules-feds-cant-use-sca-to-nab-overseas-data/.
They don't want to do that because they want to establish a legal precedent that a US court order has to be complied with in foreign jurisdictions. Likewise they wanted to establish a precedent that Apple (and every software company) had to supply a way to decrypt anything.
Rod
On 15 July 2016 at 12:28, Lawrence D'Oliveiro ldo@geek-central.gen.nz wrote:
I wrote:
The peculiar thing is, there are already international arrangements under which the US can ask the Irish Government to request one of their courts to order the surrender of the data. But they don’t seem to want to do that.
This is the Mutual Legal Assistance Treaty, mentioned in this report < http://arstechnica.com/tech-policy/2016/07/microsoft-wins-court-rules-feds-c...
.
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+5, insightful
-- Securely sent with Tutanota. It's good, you should try it: https://tutanota.com
15. Jul 2016 16:31 by rod.aldridge1@gmail.com:
They don't want to do that because they want to establish a legal precedent that a US court order has to be complied with in foreign jurisdictions. Likewise they wanted to establish a precedent that Apple (and every software company) had to supply a way to decrypt anything.
Rod
On 15 July 2016 at 12:28, Lawrence D'Oliveiro <> ldo@geek-central.gen.nz> > wrote:
I wrote:
The peculiar thing is, there are already international arrangements under which the US can ask the Irish Government to request one of their courts to order the surrender of the data. But they don’t seem to want to do that.
This is the Mutual Legal Assistance Treaty, mentioned in this report <>> http://arstechnica.com/tech-policy/2016/07/microsoft-wins-court-rules-feds-c...
.
wlug mailing list | >> wlug@list.waikato.ac.nz Unsubscribe: >> https://list.waikato.ac.nz/mailman/listinfo/wlug
participants (3)
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Eric Light -
Lawrence D'Oliveiro -
Roderick Aldridge