<div dir="ltr"><div class="gmail_quote"><div lang="EN-US" link="blue" vlink="purple"><div><p class="MsoNormal" style="margin-bottom:12.0pt"><br>EFF to Court: U.S. Warrants Don't Apply to Overseas Emails<br><br>Microsoft Fights to Protect Data Held on Servers in<br>
Ireland<br><br>San Francisco - The Electronic Frontier Foundation (EFF)<br>has urged a federal court to block a U.S. search warrant<br>ordering Microsoft to turn over a customer's emails held in<br>an overseas server, arguing that the case has dangerous<br>
privacy implications for Internet users everywhere.<br><br>The case started in December of last year, when a<br>magistrate judge in New York signed a search warrant<br>seeking records and emails from a Microsoft account in<br>
connection with a criminal investigation. However,<br>Microsoft determined that the emails the government sought<br>were on a Microsoft server in Dublin, Ireland. Because a<br>U.S. judge has no authority to issue warrants to search and<br>
seize property or data abroad, Microsoft refused to turn<br>over the emails and asked the magistrate to quash the<br>warrant. But the magistrate denied Microsoft's request,<br>ruling there was no foreign search because the data would<br>
be reviewed by law enforcement agents in the U.S.<br><br>Microsoft appealed the decision. In an amicus brief in<br>support of Microsoft, EFF argues the magistrate's rationale<br>ignores the fact that copying the emails is a "seizure"<br>
that takes place in Ireland.<br><br>"The Fourth Amendment protects from unreasonable search and<br>seizure. You can't ignore the 'seizure' part just because<br>the property is digital and not physical," said EFF Staff<br>
Attorney Hanni Fakhoury. "Ignoring this basic point has<br>dangerous implications – it could open the door to<br>unfounded law enforcement access to and collection of data<br>stored around the world."<br><br>The government has argued that allowing a U.S. judge to<br>
order the collection of data stored abroad is necessary,<br>because international storage would make it easy for U.S.<br>Internet companies to avoid complying with search warrants.<br> But Microsoft asserts that the government's legal theory<br>
could hurt U.S. technology companies that are trying to do<br>business internationally. Additionally, EFF argues in its<br>amicus brief that the government's approach hurts Internet<br>users globally, as it would allow the U.S. to obtain<br>
electronic records stored abroad without complying with<br>mutual assistance treaty obligations or other nations' own<br>laws.<br><br>"Microsoft is doing the right thing by pushing back here.<br>It's great to see a tech giant fighting for its customers,"<br>
said Fakhoury.<br><br>For the full brief in this case:<br><a href="https://www.eff.org/document/eff-amicus-brief-support-microsoft" target="_blank">https://www.eff.org/document/eff-amicus-brief-support-microsoft</a><br><br>
For this release:<br><a href="https://www.eff.org/press/releases/eff-court-us-warrants-dont-apply-overseas-emails" target="_blank">https://www.eff.org/press/releases/eff-court-us-warrants-dont-apply-overseas-emails</a><br>
<br>About EFF<br><br>The Electronic Frontier Foundation is the leading<br>organization protecting civil liberties in the digital<br>world. Founded in 1990, we defend free speech online, fight<br>illegal surveillance, promote the rights of digital<br>
innovators, and work to ensure that the rights and freedoms<br>we enjoy are enhanced, rather than eroded, as our use of<br>technology grows. EFF is a member-supported organization.<br>Find out more at <a href="https://www.eff.org" target="_blank">https://www.eff.org</a>.<br>
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