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Email Choice/Opt-out - hide. Privacy campaigner: Why I hope Microsoft loses court case against the NSA - Computing. Microsoft is currently fighting a legal battle against the US government over a warrant that requires it to hand over emails stored on a server in Dublin.
This demand, made under the terms of the Stored Communications Act of 1986, is seemingly in violation of the Safe Harbor agreement, drawn up between the EU and the US in 2000 to allow the interchange of data despite differences in data protection laws. Under that agreement, US companies operating in the EU or processing or storing EU data must follow a set of privacy practices, such as informing individuals that their data is being collected and how it will be used.
Surprisingly, perhaps, privacy campaigner Caspar Bowden (pictured) says he hopes that Microsoft will lose the case. "Even if Microsoft wins that case, and I hope they don't because that'll just shore up the whole rotten system, it will make no difference to surveillance by the NSA under FISA 702 or Executive Order 12333 [see below]," he told Computing. A one-way street. US & Microsoft return to court over access to Dublin data. Finally, after going quiet for several months, the US Gov & Microsoft is set to return to court.
The US government had obtained a court ruling under the US Stored Communications Act to allow it to gain access to data held in Microsoft’s Dublin datacentre. Microsoft had resisted on the basis that Irish law should apply to data held in Ireland and that the US government should apply under the appropriate treaty to get access.
The Irish government has apparently said it would consider such a request “expeditiously”. I’m not one to be dramatic, but this ruling could affect the whole of US cloud business in the EU. If the US government can get access to data simply because there is a US provider in the supply chain, that is likely to result in customers favouring non-US supply chains. Like this: Like Loading... Related Microsoft vs the long arm of US law Hey you, get off of our cloud The US government can get access to your data stored outside the United States. In "Blog"