UPDATED 00:59 EDT / SEPTEMBER 09 2015

NEWS

Microsoft goes back to court to fight DOJ’s Irish data warrant

Microsoft is preparing to lock horns with the U.S. Department of Justice (DOJ) once again. It’s heading back to court in order to fight a search warrant that demands access to the data of a criminal suspect stored on its Irish servers.

Microsoft, which has seen two previous judgements go against it in the lower courts, will be hoping for third time lucky when the U.S. Court of Appeals for the Second Circuit hears its case later today.

The company claims its fighting the case on behalf of everyone, over what it calls the fundamental right to privacy and international sovereignty. On the other hand, the U.S. Department of Justice says it’s necessary to seize data held overseas because if not, criminals can easily avoid detection by hiding data in different locations across the globe.

Although the hearing takes place today, a verdict is not expected for several months.

Microsoft has done a good job of publicizing the case, spewing out constant updates, holding press conferences and showing off letters of support from tech firms like Apple, Amazon Web Services, AT&T Inc., Hewlett-Packard Co., and Verizon Wireless, among others. The tech firms are in agreement that if the U.S. government is allowed to access their customers data, they will lose customers as people look to foreign companies based outside the U.S. instead. In addition to those allies, Microsoft also has the support of the Irish government, which claims the issue is one of soverignty, and that the U.S. should go through it in order to access Microsoft’s data.

The judge is set to rule on whether or not Microsoft has to hand over emails to police that were first sought in 2013. The warrant relates to a drug trafficking investigation, and authorities believe the suspect’s emails could contain incriminating evidence. But those emails are stored on a server in Ireland rather than the U.S., and so Microsoft argues that it’s outside the investigators’ jurisdiction. However, lower courts have disagreed with Microsoft, holding the company in contempt of court for its refusal to comply.

Today’s court appearance will see Microsoft appeal that earlier decision. The Redmond company hopes that if it’s successful, the decision will set a precedent that limits future data requests.

“In a nutshell, this case is about how we best protect privacy, ensure that governments keep people safe, and respect national sovereignty while preserving the global nature of the internet,” wrote Microsoft’s General Counsel Brad Smith in a blog post last April.

Image credit: AJEL via pixabay.com

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