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Major win for
Microsoft in 'free for all' data case
The US government cannot force Microsoft to give authorities
access to the firm's servers located in other countries, a court has ruled.
The decision is being seen as a precedent for protecting the
privacy of cloud computing services.
The US Department of Justice had wanted to access a server in
Ireland, as part of an investigation into a drugs case.
The ruling, made by an appeals court, overturns an order granted
by a court in Manhattan in 2014.
The DoJ said it was disappointed by the decision and was
considering what it would do next. If it appeals, the case could then move to
the US Supreme Court.
Microsoft said it welcomed the ruling.
"It makes clear that the US government can no longer seek
to use its search warrants on a unilateral basis to reach into other countries
and obtain the emails that belong to people of other nationalities," Brad
Smith, president and chief legal officer, of Microsoft told the BBC.
"It tells people they can indeed trust technology as they
move their information to the cloud," he said.
Microsoft thanked the companies that had backed its appeal,
which included the likes of Amazon, Apple and Cisco.
No bullying
Another of Microsoft's backers was the Open Rights Group, a
UK-based organisation that campaigns for digital rights.
"The US Court's decision has upheld the right to individual
privacy in the face of the US State's intrusion into personal liberty,"
the group's legal director Myles Jackman said on Thursday.
"As a consequence, US law enforcement agencies must respect
European citizens' digital privacy rights and the protection of their personal
data.
and its
security a big focus for the company
"States should not arbitrarily reach across borders just
because they feel they can bully companies into doing so."
Microsoft had warned that allowing the search warrant to be
conducted could open up a global privacy "free for all". Other
countries, the company said, would perhaps seek to apply their own search
warrants to servers located in the US.
Echoing a constant concern of those in tech industry, Microsoft
said the laws were simply too outdated to be effective.
"The protection of privacy and the needs of law enforcement
require new legal solutions that reflect the world that exists today - rather
than technologies that existed three decades ago when current law was
enacted."
Safe havens
But there is continued concern in the law enforcement community
that cloud storage, together with encryption, is providing something of a safe
haven for criminals.
Judge Susan Carney ruled against the DoJ on the basis that the
Stored Communications Act of 1986 limited the reach of warrants applicable
outside the US. She noted that such restrictions were vital to maintaining good
relations with other nations.
Furthermore, she said there were mechanisms available for
co-operation between countries in investigations - though law enforcement
agencies often complain that this route is more expensive and time-consuming.
"Going to court to seek a Stored Communications Act (SCA)
warrant is normally a quicker path than dealing with international resolution
channels," explained Daniel Stoller, senior legal editor at Bloomberg Law
Privacy & Security News.
He said the initial decision in 2014 interpreted the SCA in a
way that favoured the DoJ's view. But the appeals court prioritised
international law in its ruling.
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