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US Supreme Court to hear Microsoft Ireland data case today

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Published onFebruary 27, 2018

published onFebruary 27, 2018

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Over the past few years, Microsoft has been involved in a battle with the US government over emails from a user who wasalleged to be part of the Silk Road. The messages were held at a data center in Ireland,and Microsoft arguesfederal and local U.S law enforcement agencies cannot use search warrants to seize emails of citizens of foreign countries located in data centers outside the United States. The government, meanwhile, holds the 1986 Communications Privacy Act as its defense, which Microsoft finds dated and conflicting with global laws.

Microsoftrecently won an appeal, and in the latest entry to this saga, the US Supreme Court will hear the case today (via Reuters.) The nine Supreme Court judges will consider Microsoft’s argument, and many other tech giants are keeping a watchful eye on the case, as it has the potential to be a champion for privacy rights.

The company today alsopublished a blog postabout the issue, saying the situation is a “problem Congress should solve.” Microsoft’s Brad Smith writes that he believes the US government should instead work with the Irish government to obtain the data they want. He is also pushing for “modern laws to govern today’s technology,” writing, “we can’t rely on laws written three decades ago, before the internet as we know it was invented.”

The Microsoft President also mentions theCLOUD Act, which has bipartisan support in Congress and sets the stage for laws that can define how law enforcement agencies can access data across international in the investigation of crimes. He also points to these Microsoft arguments in the case, which “Stand up for national sovereignty.”

The Redmond company was the first tech giant to challenge a US search warrant for data outside the US. A decision is expected sometime in June, and many other tech giants have backed Microsoft, with the EUrecently filing an amicus briefin the case.

Radu Tyrsina

Radu Tyrsina has been a Windows fan ever since he got his first PC, a Pentium III (a monster at that time).

For most of the kids of his age, the Internet was an amazing way to play and communicate with others, but he was deeply impressed by the flow of information and how easily you can find anything on the web.

Prior to founding Windows Report, this particular curiosity about digital content enabled him to grow a number of sites that helped hundreds of millions reach faster the answer they’re looking for.

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Radu Tyrsina