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Microsoft case: DoJ says it can demand every email from any US-based provider
The Guardian ^ | 09/09/15 | Sam Thielman

Posted on 09/11/2015 9:17:48 AM PDT by Enlightened1

Microsoft counsel addresses question of US search warrant for Hotmail emails stored in Ireland: ‘We would go crazy if China did this to us’

The United States government has the right to demand the emails of anyone in the world from any email provider headquartered within US borders, Department of Justice (DoJ) lawyers told a federal appeals court on Wednesday.

The case being heard in the second circuit court of appeals is between the US and Microsoft and concerns a search warrant that the government argues should compel Microsoft to retrieve emails held on a Hotmail server in Ireland.

Microsoft contends that the DoJ has exceeded its authority with potentially dangerous consequences. Organizations including Apple, the government of Ireland, Fox News, NPR and the Guardian have filed amicus briefs with the court, arguing the case could set a precedent for governments around the world to seize information held in the cloud. Judges have ruled against the tech company twice.

Counsel for Microsoft contends that the US search warrant should not have been used to compel it to hand over emails stored in Ireland. “This is an execution of law enforcement seizure on their land,” Joshua Rosenkranz, counsel for Microsoft, told the court. “We would go crazy if China did this to us.”

The DoJ contends that emails should be treated as the business records of the company hosting them, by which definition only a search warrant would be needed in order to compel the provision of access to them no matter where they are stored. Microsoft argues the emails are the customers’ personal documents and a US warrant does not carry the authority needed to compel the company to hand it over.

“This notion of the government’s that private emails are Microsoft’s business records is very scary,”

(Excerpt) Read more at theguardian.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Foreign Affairs; Government
KEYWORDS: demand; doj; email; microsoft
Microsoft is facing the US government in a case involving a search warrant for emails in Ireland.
1 posted on 09/11/2015 9:17:48 AM PDT by Enlightened1
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To: Enlightened1

Guess it’s gonna be a record day for opening snozzmail.ru accounts.


2 posted on 09/11/2015 9:25:53 AM PDT by Buckeye McFrog
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To: Enlightened1

So they will have all of Hillary Clinton’s and Lois Lerner’s emails by next week?


3 posted on 09/11/2015 9:26:49 AM PDT by joshua c (Please dont feed the liberals)
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To: Enlightened1

Microsoft can just wipe that server clean if necessary... like with a cloth!


4 posted on 09/11/2015 9:30:34 AM PDT by ObozoMustGo2012
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To: Enlightened1

5 posted on 09/11/2015 9:34:32 AM PDT by Old Sarge (I prep because DHS and FEMA told me it was a good idea...)
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To: joshua c
So they will have all of Hillary Clinton’s and Lois Lerner’s emails by next week?

Silence prole. You were not given permission to speak.

6 posted on 09/11/2015 9:35:12 AM PDT by ChildOfThe60s (If you can remember the 60s, you weren't really there....)
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To: Enlightened1

And the race to fascism continues.


7 posted on 09/11/2015 9:46:00 AM PDT by RIghtwardHo
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To: Buckeye McFrog

Just sat through an administering SalesForce on Heroku meeting yesterday and they’ve added a Region setting for United States or Europe. The Euros don’t want their cloud data on US servers - for good reason.


8 posted on 09/11/2015 9:47:19 AM PDT by glorgau
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To: Enlightened1

The United States government has the right to demand the emails of anyone in the world from any email provider headquartered within US borders, Department of Justice (DoJ) lawyers told a federal appeals court on Wednesday.

If this is the case, wouldn’t Hillary! be an email
provider, she had her own server?

Just curious.


9 posted on 09/11/2015 9:50:01 AM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Old Sarge
If yeh want me data yer gonna have to FIGHT me fer it!



10 posted on 09/11/2015 9:52:54 AM PDT by Buckeye McFrog
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To: tet68

Bingo! We have a Winner!


11 posted on 09/11/2015 9:56:35 AM PDT by Lockbox
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Had ENOUGH Yet ?


12 posted on 09/11/2015 10:45:42 AM PDT by S.O.S121.500 (Had ENOUGH Yet ? ........................ Enforce the Bill of Rights .........It is the LAW...)
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To: Enlightened1

I’ve thought about this since the beginning of Clinton’s email scandal.

The DOJ can, and does, demand EVERY email from whatever corporation they put under investigation.

So why are government employees such as Hillary Clinton any different?


13 posted on 09/11/2015 10:48:07 AM PDT by VeniVidiVici (Jorge Ramos is a racist bastard who hates Mexican indigenous people)
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To: Enlightened1

Meanwhile, Microsoft themselves are using Windows 10 to violate the privacy of your computer. Ironic.


14 posted on 09/11/2015 11:02:10 AM PDT by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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To: Buckeye McFrog

Didn’t the DOJ just argue to a court they could not force Clinton or other admin officials to turn over emails


15 posted on 09/11/2015 11:02:58 AM PDT by martinidon
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To: TexasRepublic

Meanwhile, Microsoft themselves are using Windows 10 to violate the privacy of your computer. Ironic.
______________________________________________________________

No, not really.

if you never communicate with Microsoft about Windows 10 they won’t put anything on your computer that has anything to do with storage. If on the other hand you reserve your “free” copy of Microsoft Windows 10 then they will start downloading it to your computer. If you read the notice from Microsoft they will tell you that, like an idiot however I didn’t. I guess I trusted Microsoft. Anyway if you don’t want it turn automatic updates off and don’t reserve a copy.


16 posted on 09/11/2015 12:08:51 PM PDT by JAKraig (my religion is at least as good as yours)
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To: TexasRepublic

there are switches in the install and later that can cut off the communication with Microsoft

It is not the threat to privacy many here have sworn to


17 posted on 09/11/2015 12:11:51 PM PDT by bert ((K.E.; N.P.; GOPc.;+12, 73, ....carson is the kinder gentler trump)
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To: JAKraig

“if you never communicate with Microsoft”

You may sure that I won’t! :-)


18 posted on 09/11/2015 12:15:30 PM PDT by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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