Obama administration says the world’s servers are ours

New Post Public Reply Private Reply Replies (0) Message Board
SaltyMutt
Obama administration says the world’s servers are ours

US says global reach needed to gut "fraudsters," "hackers," and "drug dealers."

by David Kravets
July 14 2014, 2:12pm EST


Microsoft, Sandyford, Co. Dublin

Global governments, the tech sector, and scholars are closely following a legal flap in which the US Justice Department claims that Microsoft must hand over e-mail stored in Dublin, Ireland.

In essence, President Barack Obama's administration claims that any company with operations in the United States must comply with valid warrants for data, even if the content is stored overseas. It's a position Microsoft and companies like Apple say is wrong, arguing that the enforcement of US law stops at the border.

A magistrate judge has already sided with the government's position, ruling in April that "the basic principle that an entity lawfully obligated to produce information must do so regardless of the location of that information." Microsoft appealed to a federal judge, and the case is set to be heard on July 31.

In its briefs filed last week, the US government said that content stored online doesn't enjoy the same type of Fourth Amendment protections as data stored in the physical world. The government cited (PDF) the Stored Communications Act (SCA), a President Ronald Reagan-era regulation:

Overseas records must be disclosed domestically when a valid subpoena, order, or warrant compels their production. The disclosure of records under such circumstances has never been considered tantamount to a physical search under Fourth Amendment principles, and Microsoft is mistaken to argue that the SCA provides for an overseas search here. As there is no overseas search or seizure, Microsoft’s reliance on principles of extra-territoriality and comity falls wide of the mark.

Microsoft said the decision has wide-ranging, global implications. "Congress has not authorized the issuance of warrants that reach outside US territory,” Microsoft’s attorneys wrote. “The government cannot seek and a court cannot issue a warrant allowing federal agents to break down the doors of Microsoft’s Dublin facility."

The Redmond, Washington-based company said its consumer trust is low in the wake of the Edward Snowden revelations. It told the US judge presiding over the case that " he government's position in this case further erodes that trust and will ultimately erode the leadership of US technologies in the global market."

Companies like Apple, AT&T, Cisco, and Verizon agree. Verizon said (PDF) that a decision favoring the US would produce "dramatic conflict with foreign data protection laws." Apple and Cisco said (PDF) that the tech sector is put "at risk" of being sanctioned by foreign governments and that the US should seek cooperation with foreign nations via treaties, a position the US said is not practical.

The Justice Department said global jurisdiction is necessary in an age when "electronic communications are used extensively by criminals of all types in the United States and abroad, from fraudsters to hackers to drug dealers, in furtherance of violations of US law."

The e-mail the US authorities are seeking from Microsoft concerns a drug-trafficking investigation. Microsoft often stores e-mail on servers closest to the account holder.

The senior counsel for the Irish Supreme Court wrote in a recent filing that a US-Ireland "Mutual Legal Assistance Treaty" was the "efficient" avenue (PDF) for the US government to obtain the e-mail held on Microsoft's external servers.

Orin Kerr, a Fourth Amendment expert at George Washington University, said, "The scope of the privacy laws around the world is now a very important question, and this is the beginning of what may be a lot of litigation on the question. So it's a big case to watch."

http://arstechnica.com/tech-policy/2014/07/ob...-are-ours/
Scroll down for more posts ▼

Top 10 Most Recent News Articles

PANDAG G1 Debuts: Revolutionizing Lawn Care Efficiency

Updated Category News Views 5

The Future of Landscaping Unveiled Get this—PANDAG is set to shake things up at GaLaBau 2026 with their futuristic G1 autonomous mower. This isn't just another piece of lawn equipment; it's practically a tech marvel on wheels, weaving together LiDAR, AI Vision, RTK, and 4G tech to make it the ultimate multitasker for the landscaping industry. We're talking obstacle...

Continue Reading
MRI Surveillance Gains Ground in Lung Cancer Care

Updated Category News Views 7

Shifting the Standard: MRI's Rise in SCLC Treatment Here's a twist that baffles the traditionalists—ditch the prophylactic cranial irradiation (PCI) and catch clearer days with MRI surveillance for small-cell lung cancer (SCLC). The latest international phase III MAVERICK trial might just redraw the lines on what's considered standard care in this relentless disease....

Continue Reading
First-Time Homeowners: Unseen Pitfalls of Insurance

Updated Category News Views 6

Understanding Homeowners Insurance: Beyond the Basics Most folks diving into homeownership for the first time get caught up in the whirlwind of price tags, loans, and knick-knacks for their new place. Meanwhile, the nitty-gritty of homeowners insurance often gets tossed to the side. But take it from a weary watchdog of financial storms—it’s those details in the policy...

Continue Reading
Regeneron Faces Legal Heat: Lead Plaintiff Deadline Looms

Updated Category News Views 6

Regeneron’s Tight Spot: Legal Showdown Well, here we go again—Regeneron Pharmaceuticals (NASDAQ:REGN) is under some serious heat. If you're an investor who faced significant losses with this biotech juggernaut, remember that the clock’s ticking down to the wire. By tomorrow, September 14, 2026, you need to decide if you're going to throw your hat in the ring for...

Continue Reading
Tam-Peli Steps Up in SCLC Battle: Trial Insights

Updated Category News Views 5

Noteworthy Developments in Small-Cell Lung Cancer Treatment Let's dive into a story straight from the world of small-cell lung cancer (SCLC) that doesn't take any prisoners. The antidote making waves is tambotatug pelitecan, or Tam-Peli for short, showcasing its might in the unrelenting fight against relapsed SCLC. The phase III TAISHAN-302 trial puts Tam-Peli...

Continue Reading
GORGIE Unleashes Berry Burst: Target's New Drink Star

Updated Category News Views 5

GORGIE Targets Taste Buds with Berry Burst Ever feel like you're missing out on that energy drink everyone seems to be raving about? Well, GORGIE's out there making some noise again, and this time it's got a new punchy player in the game: Berry Burst. It's not just another drink; it's shaking things up in the energy aisle with its exclusive launch at Target. Modern style...

Continue Reading
PwC US and India Unite for Global Consultancy Powerhouse

Updated Category News Views 7

Rearranging the Consultancy Chessboard Piling onto the game of consultancy realignments, PwC just made a move reminiscent of playing strategy poker. They're tossing together PwC US and PwC India's advisory capabilities for a new joint venture. It’s like pushing two puzzle pieces to make a single colorful picture that stretches from the U.S. all the way to the...

Continue Reading
UWM Faces Class Action Deadline: Key Insights for Investors

Updated Category News Views 3

The High Stakes Reality for UWM Investors If there's one thing that's certain in this jittery world of investing, it's that losses have a way of waking you up. Right now, anyone tied up with UWM Holdings Corporation (NYSE: UWMC) shares needs to keep their wits about them; we're barreling toward an October 13, 2026 deadline for a class action lawsuit. The clock's ticking...

Continue Reading
Surfing Dogs Ride Waves, Support Orphan Pets

Updated Category News Views 3

Waves, Paws, and Passion Who would've thought that dogs catching waves could also catch hearts and wallets? Well, that's exactly what's happening today at Del Mar Dog Beach with the 21st Annual Surf Dog Surf-A-Thon revving up the excitement. It's a sun-soaked day in Rancho Santa Fe, California, right in the thick of things at the longest-running dog surf competition. For...

Continue Reading
Trial Disappointment: No Significant Gains in NSCLC

Updated Category News Views 14

Dissecting the Nuances of the EVOKE-03/KEYNOTE-D46 Trial Every once in a while, we come across a trial that rattles cages in the research community. Today, it's the EVOKE-03/KEYNOTE-D46 trial, a collision of hope and hard-knock reality. This Phase 3 trial, which sought to explore the potential combo of sacituzumab govitecan (SG) and pembrolizumab on metastatic non-small...

Continue Reading

Top 5 Most Recently Viewed Articles

PARRIS Law Firm Triumphs in Landmark Billing Case Against Edison

Updated Category News Views 258

PARRIS Law Firm Achieves Major Victory in Consumer Lawsuit The PARRIS Law Firm has recently celebrated a significant win for consumers in a landmark lawsuit against Southern California Edison Company. This case, referencing the Wellman v. Southern California Edison Company, has captured media attention, notably from The Daily Journal, showcasing the firm’s commitment to...

Continue Reading
Intercont (Cayman) Limited's Growth: Exploring Recent Financials

Updated Category News Views 112

Intercont (Cayman) Limited Unveils Financial Results Intercont (Cayman) Limited (NASDAQ: NCT), a prominent leader in the global shipping industry, has shared its financial results for the first half of the fiscal year. The company, renowned for its innovative approach to seaborne pulping operations, reported notable advancements in its financial performance, reflecting...

Continue Reading
What to Expect from Quanex Building Products' Earnings Report

Updated Category News Views 107

Understanding the Upcoming Earnings of Quanex Building Products Quanex Building Products (NASDAQ: NX) is gearing up to announce its quarterly earnings. This moment has been highly anticipated by investors eager to gain insights into the company's financial health. While specific dates are typically essential to focus on, the critical takeaway for investors is the...

Continue Reading
ZERO Fresh Start: RAVEN2's New Era Begins Sept 15

Updated Category News Views 18

What's the Big Deal with ZERO? Alright, so here we go, folks—Netmarble's strapping in with their latest server for RAVEN2, and it's called ZERO. Ever heard of fresh starts? ZERO is exactly that. This isn't your usual server shuffle. Lads and ladies who've felt the grind’ll tell you, ZERO's introducing a slew of changes you might want to sit up for. Pre-registration's...

Continue Reading
Innovative Cancer Treatments: CMU and Healthcare System Lead the Way

Updated Category News Views 266

Revolutionizing Cancer Treatment China Medical University (CMU) and Healthcare System are making significant strides in the field of cancer treatment, notably through AI-driven drug discovery and innovative therapies. At a recent healthcare exposition, these organizations showcased their leading-edge advancements, establishing themselves as pioneers in healthcare...

Continue Reading