U.S. judge unfreezes Microsoft search warrant on overseas email

A federal judge unfreezed a search warrant on Microsoft over a customer email that is stored inside one of the company's data centers located in Ireland.

Microsoft may choose to go against the ruling for the search warrant, which was initially enforced on July 31 by Chief U.S. District Judge Loretta Preska.

If Microsoft chooses this option, Judge Preska will be forced to find Microsoft in contempt. Microsoft could subsequently send in an appeal.

Microsoft may also choose to appeal the ruling to the Second U.S. Circuit Court of Appeals, which would suspend the ruling once it goes under review.

"Microsoft will not be turning over the email and plans to appeal," said a spokesperson for Microsoft. "Everyone agrees this case can and will proceed to the appeals court. This is simply about finding the appropriate procedure for that to happen."

The issuance of the search warrant is part of an ongoing criminal case, of which details are still kept secret. It is not even clear whether the individual involved in the criminal case is currently within the United States.

Lawyers of Microsoft failed to sway Judge Preska into agreeing with their statements that the U.S. Justice Department will need to sign a legal treaty with Ireland in order to obtain the emails. Otherwise, if Microsoft is forced to retrieve the emails on its own without the consent of the Irish government, the company will be violating the sovereignty of the country, along with internationally recognized laws.

Judge Preska, in the ruling that she made on July 31, said that the email's location is not relevant to the case, as it is under the control of Microsoft from the United States.

The ongoing case is being closely monitored by rivals of Microsoft such as AT&T, Apple, Cisco and Verizon, not to take advantage of the situation but rather to show support for Microsoft's efforts to fight against the search warrant.

Tech companies are concerned that the requests of the United States government to extract data that is stored in foreign countries could damage the relationships with the partner nations, as there is increasing pressure from other countries for companies to improve the privacy of customers.

Microsoft, as with several tech companies, have been monitored more closely since last year, when former NSA contractor Edward Snowden revealed the surveillance activities of the agency and United States government. Microsoft has been attempting to prove to its customers that it keeps the data of users on its servers protected.

ⓒ 2024 TECHTIMES.com All rights reserved. Do not reproduce without permission.
Join the Discussion
Real Time Analytics