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Microsoft jätkab võitlust USA valitsusega:

Microsoft fights US effort to 'break down the doors' of its Irish datacentre
Summary: If Microsoft loses fight against a search warrant for email on Irish soil, it could have dire consequences for all US cloud providers.

Microsoft is resisting demands from the US government for it to cough up email hosted in its Irish datacentre in a case that could have dramatic implications for US cloud providers.

With suspicion of US tech companies already running high over the US government spying revealed last year by whistleblower Edward Snowden, Microsoft faces another battle that could — if it loses — undermine trust in US cloud providers.

The Washington Post yesterday reported that Microsoft is pushing back against a search warrant issued last December by a magistrate judge in New York that demands Microsoft hand over emails stored in its Dublin, Ireland datacentre.

The emails being sought by the government relate to a drug trafficking investigation, according to the paper. Microsoft announced its opposition to the government's efforts in April.

In documents filed with the court on late last week, Microsoft outlined objections to a magistrate's order that denied the company's previous motion to cancel a search warrant for customer information located outside the US.

"The government cannot seek and a court cannot issue a warrant allowing federal agents to break down the doors of Microsoft's Dublin facility," Microsoft's lawyers argued, noting that Congress has never authorised US courts to issue warrants that reach outside of US territory.

Similarly, it can't force Microsoft to hand over the emails stored abroad when the government doesn't have the authority itself to do so.

At the heart of battle is a disagreement over the interpretation of the term "warrant" under the US Electronic Communications Privacy Act (ECPA).

According to Microsoft, the court says it hasn't actually issued a search warrant but some "hybrid" between a warrant and a subpoena under the ECPA — and therefore knocked back Microsoft's attempt to vacate the warrant.

Microsoft says the two are distinct: a warrant can't be issued for evidence located in foreign territory; if it's a subpoena, the government is required to order the target of the investigation to hand over the information, not Microsoft.

"The government takes the extraordinary position that by merely serving such a warrant on any US-based email provider, it has the right to obtain the private emails of any subscriber, no matter where in the world the data may be located, and without the knowledge or consent of the subscriber or the relevant foreign government where the data is stored," Microsoft's lawyers argued.

Edasi lingil:
http://www.zdnet.com/microsoft-fights-us-effort-to-break-down-the-doors-of-its-irish-datacentre-7000030420/