Supreme Court to consider major digital privacy case on Microsoft email storage

The justices will review a federal appeals ruling that the Trump administration says has become a major obstacle in criminal probes. Microsoft refused to turn over the emails associated with the account, which were stored on servers in Ireland, spurring a legal battle that has dragged on for four years.

"If the Court rules that USA warrants work overseas, it will open the floodgates to demands from other countries that their legal processes be able to compel other providers to disclose content that they hold in the US, including the content held by Americans", said Nojeim in email remarks sent to eWEEK.

The landmark case has spurred debate among lawmakers in Washington about how to update current laws governing data privacy and law enforcement access to data across national borders.

While oral argument has not yet been scheduled, the Supreme Court will hear the case sometime in the next year.

Microsoft responded to the development on Monday, arguing that the ongoing case points to the broader issue of the need for Congress to overhaul the Electronic Communications Privacy Act, which was passed in 1986 to establish privacy protections for stored electronic communications.

"Congress alone has the authority and the institutional competence to craft a new legislative scheme for a world not anticipated in 1986", Microsoft argued.

Selectors picked Dinesh Karthik over KL Rahul. Here is the odd reason
The other notable absentees are spin twins Ravindra Jadeja and R Ashwin, both of whom are playing in the Ranji Trophy. Pacer Shardul Thakur and wicketkeeper-batsman Dinesh Karthik have made their way back into the national team.

A judge upheld the warrant, but a panel of the U.S. Court of Appeals for the 2nd Circuit overturned the ruling. A three-judge panel said the 1986 Stored Communications Act wasn't created to cross global boundaries. With Microsoft winning a recent appeal, the company has used the case to argue that US federal or state law enforcement can not use search warrants to seize emails of citizens of foreign countries that are located in data centers outside the United States.

The unidentified person at the center of the Supreme Court case registered for his account as a resident of Ireland, according to one of the lower court opinions.

The Justice Department says the logic behind the appeals court decision would apply even if the account holder were a USA citizen living and committing crimes in this country.

As predicted, Microsoft's high-profile email privacy case has attracted the U.S. Supreme Court's attention.

It contradicts the basic premise that before a US statute reaches across another country's borders, it should be clear that's what Congress intended when it passed the law.

The case is United States v. Microsoft, 17-2.

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