ML
    • Recent
    • Categories
    • Tags
    • Popular
    • Users
    • Groups
    • Register
    • Login

    Appeals Court upholds judgement on US siezing data from overseas servers

    Scheduled Pinned Locked Moved News
    2 Posts 2 Posters 363 Views
    Loading More Posts
    • Oldest to Newest
    • Newest to Oldest
    • Most Votes
    Reply
    • Reply as topic
    Log in to reply
    This topic has been deleted. Only users with topic management privileges can see it.
    • A
      aidan_walsh
      last edited by

      Forbes

      A US appeals court has upheld a ruling that Microsoft can't be forced to give the Department of Justice access to customer emails stored outside the country.

      In a 4-4 split, the Second Circuit Court of Appeals declined to reconsider its July decision denying the DOJ access to the emails of a drug trafficking suspect stored on a Microsoft server in Ireland.

      The court had ruled that the Stored Communications Act (SCA) didn't cover searches outside the US, which should instead be handled through an existing mutual legal assistance treaty (MLAT).

      However, the court noted in its decision that the rather ancient SCA had been overtaken by technology: "It is overdue for a congressional revision that would continue to protect privacy but would more effectively balance concerns of international comity with law enforcement needs and service provider obligations in the global context in which this case arose," wrote Judge Susan Carney.

      1 Reply Last reply Reply Quote 1
      • DustinB3403D
        DustinB3403
        last edited by

        The argument here has been should a law which has been around 'forever' and not designed to effect services outside of a local region, still effect the user / supplier of services.

        And I kind of agree, update your laws. Do the job you're there for. You (congress and company) are there to develop fair laws that protect and serve the country (and our neighbors) equally. Which means you need to draft laws which can be updated with technology. Granted there is going to be backlash on it, but that is why you were hired.

        To sort it out, and find a good solution.

        1 Reply Last reply Reply Quote 0
        • 1 / 1
        • First post
          Last post