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Microsoft Gets Industry Support Against US Search Of Data In Ireland 137

An anonymous reader writes Tech giants such as Apple and eBay have given their support in Microsoft's legal battle against the U.S. government regarding the handing over of data stored in an Irish datacenter. In connection with a 2014 drugs investigation, U.S. prosecutors issued a warrant for emails stored by Microsoft in Ireland. The firm refused to hand over the information, but in July was ordered by a judge to comply with the investigation. Microsoft has today filed a collection of letters from industry supporters, such as Apple, eBay, Cisco, Amazon, HP, and Verizon. Trade associations including the U.S. Chamber of Commerce and Digital Rights Ireland have also expressed their support.
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Microsoft Gets Industry Support Against US Search Of Data In Ireland

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  • by Anonymous Coward

    Does not matter if communist, socialist or capitalist. They are all obsolete. All them.

    In my understanding, politicians should live only with what they provide to the population. They should not be responsible for public health-care if they are not obligated to use that very same service as well! They should also be obligated to use public transport, education, etc.

    Oh, they don`t like the idea... ok, the door is at the left. Next!

    • by Anonymous Coward

      Not sure why you got marked down for this, I agree. Though I would add that a country for the people and by the people should not be allowed to keep secrets from the people.

  • by fuzzyfuzzyfungus ( 1223518 ) on Tuesday December 16, 2014 @12:51PM (#48609647) Journal
    Surely there is some analog to 'extradition' for search warrants, isn't there?

    The idea that any nation you happen to have a presence in can demand something you have in any other nation seems like an obviously dangerous shortcut to most-abusive-common-denominator law; but being able to black-hole anything just by shifting the VM across the border presents its own problems.

    Is there actually no such instrument, and this sort of thing somehow hasn't come up enough to be settled, or did the Fed prosecutors just demand first and try tact later because they aren't exactly lacking for arrogance(or, in fairness, lacking for reasons to be arrogant, given how often they get away with it)?
    • by silas_moeckel ( 234313 ) <silas@@@dsminc-corp...com> on Tuesday December 16, 2014 @12:59PM (#48609711) Homepage

      There is they could have sought a warrant in Ireland, since they have stronger privacy protections the fishing expeditions would not be allowed. That is why they are trying to make an end run to avoid that having to show cause etc etc etc.

    • by taustin ( 171655 )

      There are provisions that the Irish government has apparently said would be the right way to go. But the US courts are a lot more lax on standards of probably cause, apparently, and for reasons unknown, prosecutors do not want to show their cards to the Irish courts.

      • In other words, they don't have enough data to build their parallel constructed justification yet.

    • by MrL0G1C ( 867445 )

      I'm guessing the correct thing to do is to subpena MS for the information because the client and business are both US based, but I'm not a lawyer.

  • by jbmartin6 ( 1232050 ) on Tuesday December 16, 2014 @12:56PM (#48609685)
    Part of me hopes Microsoft loses and this costs the huge US tech conglomerates oodles of overseas business.
    • The problem here becomes precedent. If it's allowed once, it set a precedent for others. Say, for example, China wanted to seize emails... or Iran wanted to seize emails. That's not a great outcome, and yet they would have the legal precedent to make a case all the way up the chain of courts.

      • A good point, but I doubt China has any problems getting emails from Chinese companies regardless of where they are stored.
      • That's the logical end game were it anyone except the United States.

        The US Government is one of the most hypocritical entities on this planet. They love to craft all sorts of rules and regulations then expect everyone -ELSE- to adhere them. When they get caught running afoul of their own laws, they simply start throwing out any number of trump cards they carry at all times:

        National Security
        State Secrets
        Executive Privilege
        Terrorists !
        Children !
        etc.

        Or they just rename / reclassify / redirect it.

        Oh THAT ? W
    • I hope the more rational part of you realizes that this wouldn't be good for anyone.

  • by nine-times ( 778537 ) <nine.times@gmail.com> on Tuesday December 16, 2014 @01:04PM (#48609763) Homepage

    Honestly, I'm having a little bit of a hard time deciding what I think about this. On the one hand, I'm very much in favor of privacy, and it seems to me that the rules for searching a server in Ireland should be approximately the same as the rules for searching a storage locker in Ireland.

    On the other hand, I feel that it's important to consider that, with the whole "cloud computing" thing, it doesn't necessarily matter where your data is stored. For example, I might throw a document in my Dropbox folder and it get synced to "the cloud", and I have no idea where that file is physically located. It could be in Ireland, for all I know. So even though I may not live in Ireland or access it from Ireland, I may not have intended to store it in Ireland, and I may not even know it's in Ireland, it happens to be stored in Ireland at this moment. It could be shuffled off to another physical location tomorrow.

    So I guess that makes me wonder, in such a hypothetical circumstance, if declaring it absolutely within the jurisdiction of Ireland might be opening a bit of a can of worms. If I throw a file up in my Dropbox and it ends up cached in Russia, without my knowledge or permission, is it now subject to Russian copyright laws? Is it now subject to Russian decency laws? If the information is considered illegal in Russia, am I now guilty of smuggling?

    I don't know. I'm not a lawyer, so maybe I'm wrong to think that there might be some weird repercussions.

    • by Ravaldy ( 2621787 ) on Tuesday December 16, 2014 @01:38PM (#48610037)

      I think you nailed it on the head. I'm of the opinion that wherever the data resides is not relevant. If an individual resides in Ireland, the data should be under Ireland's jurisdiction and vice versa. I would consider company files to be under the jurisdiction of the country it's operated it ( I realize this can get difficult if companies run in multiple countries).

      The fact is that more than 95% of the population isn't affected by this issue. It's only an issue when you end up in court and your data is required to be given.

      The problem with data is that it can leave a country without the country's ability to intercept. This is very different than goods and money. If you cross the border with drugs and don't get caught, good for you but at least the country had the chance to prevent it. With data, there is no point at which the authorities have a shot at preventing it from leaving regardless of it's importance.

      The fact here is that the individual(s) are refusing to provide access to the data voluntarily which requires the authorities to obtain it by force. This tells me there's something incriminating in the data which is why they didn't just hand it over.

      • by Teun ( 17872 )
        You are both correct in your analysis.

        It's exactly for the prevention and resolution of these sort of conflicts civilised nations negotiate and sign bi-lateral or international treaties like via the UN.

        Regrettably the (conservative) right wing of USofA politics has years ago decided to laugh at such treaties and now we have an issue.

        The 'Conflict of Law' legal specialists will be the only beneficiaries!

      • by Kjella ( 173770 )

        The fact here is that the individual(s) are refusing to provide access to the data voluntarily which requires the authorities to obtain it by force. This tells me there's something incriminating in the data which is why they didn't just hand it over.

        So either you comply "voluntarily" or your lack of compliance is used as a reason do to if forcefully, either way the cops get to do whatever they want. Maybe they should start at home and repeal the 4th amendment first?

        • What is the alternative option? Release a known criminal that you can't nail because the court system allows you to get off on a technicality? The line is fine and that's where the argument starts.

        • by celle ( 906675 )

          "Maybe they should start at home and repeal the 4th amendment first?"

              Forget that, repeal the 2nd amendment first and deal with the civil war that comes in response. If the repeal wins the rest of the amendments will fall like dominoes.

      • The fact here is that the individual(s) are refusing to provide access to the data voluntarily which requires the authorities to obtain it by force. This tells me there's something incriminating in the data which is why they didn't just hand it over.

        This sounds suspiciously like, "If you have nothing to hide, then you have nothing to fear." I'm not on board with that idea.

        Just so I've said it, my comment wasn't intended to be in favor of law enforcement being able to search anything without a warrant, or without proper procedure. I'm just pointing out that the issue, as it's stated in the summary, is a legal argument about whether data lies in a particular jurisdiction. I meant to point out that, with the ephemeral quality of data and the ease with

        • The fact is that over the next 100 years border will practically disappear. Borders between countries have been significantly diluted in the last 100 years and eventually won't exist. Globalization started long ago and our increased means of transportation and communication is making this more real everyday. In the process the exchange of information between trusted government has increased.

          As for law enforcement. They ABSOLUTELLY need to follow procedures and local jurisdiction laws AS LONG as they have me

          • The fact is that over the next 100 years border will practically disappear.

            Even if national borders were to become meaningless, I'm not sure that jurisdiction stops being relevant. Which law enforcement agency will pursue the crime, and which court will it be tried in?

            • I hear you but the removal of borders also means another level of government which would allow a more streamline means of requesting something that would have been extremely difficult (such as today's scenario).

    • That's the reason why you should not put things in the cloud in the first place, and if you do so you should at least check where the servers are located and decide for yourself whether that's a good place for your documents to be and whether they are legal there.

      Jesus Christ, is that so hard to understand?

      And yes, prosecutors of country A can already ask prosecutors of country B for a warrant in country B, that's done all the time and that's not what this case is about.

      • Jesus Christ, is that so hard to understand?

        Because you're being belligerent, and frankly, kind of dumb. That's "the reason why you shouldn't put things in the cloud". If it were the reason, then it could be easily fixed by having cloud providers give assurances that your data will be stored in a specific jurisdiction, and then you would have absolutely no reason not to put things "in the cloud".

        But really my post is meant to indicate that there are some things about digital storage and transmission that needs to be considered, and the law might n

  • by ledow ( 319597 )

    Again, if they comply with the order, whoever does so in Europe (or is in Microsoft Europe and even *allows* it to happen by lax security, or whatever excuse) is in breach of the EU Data Protection laws.

    The courts are thick if they don't understand this. Either Microsoft US gets brought before a US court for non-compliance of Microsoft Europe gets brought before a European court for compliance.

    This is why we have jurisdiction. This is why you apply to have your court order validated in the jurisdiction yo

    • Multinational corporations create separate entities in order dodge any one nation's unfavorable laws and regulations. Microsoft US is subject to the US court jurisdiction and Microsoft Ireland is subject to Irish court jurisdiction. If Microsoft US and Microsoft Ireland have entered an agreement where one of them or the other would be violating the law or they must breach their agreement it is no one's problem but their own that they are hoist by their own petard.

      Since there can be no legal civil contract t

  • This allows Microsoft (and any multi-national) additional power to exempt themselves from various US law by shopping around for favorable laws protecting their digital assets. I'm sure there is at least 1 small, poor, developing, (corrupt?) nation out there that would love to accept a few hundred million dollars to build a datacenter and pass a couple "fuck you America!" laws.

    Though I also have to admit the court is not the place to prevent that. There are other ways to deal with this problem. Such as pa

  • by chihowa ( 366380 ) on Tuesday December 16, 2014 @02:05PM (#48610283)

    This case is about personal privacy and national sovereignty somewhat, but it's primarily about the setting precedent for the privilege of multinational corporations.

    I know this is going to be an unpopular viewpoint, but the industry is behind Microsoft here because it lessens their accountability to any governments anywhere. The Snow Crash future, where big corporations make their own rules and don't answer to anyone, depends on them not having any accountability to anyone else. Just like shuffling their money around the globe gets them out of having to pay taxes anywhere, shuffling their data around will prevent them from even being investigated for any crimes they may commit. Expect future incriminating emails and documents to be stored safely in subpoena-proof countries.

  • by TrentTheThief ( 118302 ) on Tuesday December 16, 2014 @02:05PM (#48610285)

    I wish times were simpler and my country wasn't such a fucking arrogant, pushy, bastard.

  • Kind of have to wonder Microsoft et al have other motives (than protecting users) for not wanting the US to be able to get at data stored overseas.

    If the US gubberment can get user data stored overseas, it could then perhaps expect to get corporate tax related data stored overseas.

  • Everbody knows that invading digital privacy across international boundaries is the job of corporations, not governments!

  • If the US can't enforce it's laws against content stored off shore, even if owned by an on-shore company, then what about the reverse? How can the DMCA be enforced against those in foreign countries? If Microsoft says that Irish law prevails because that is where the data is stored, then wouldn't the same be true for DMCA violations?

    You can't have it both ways. Pirate Bay had it's data on foreign soil, but American companies had no problem with using American laws there. Of course, many countries have tre

  • If the DOJ needs data stored in Ireland, why not ask Ireland first? It's not exactly a safe heaven for drug trafficking. I am sure they'd extradite a drug dealer. So they would release any data in drug trafficking case. DOJ just wants to prove that they shouldn't have to ask?
    • by splutty ( 43475 )

      DOJ asked and got told "No".

      Of course telling a department like that No isn't something they're willing to accept, and this everyone became embroiled in this useless piece of chicanery.

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