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LAST WEEK, A US judge lifted a stay on the criminal search warrant for an email account controlled by the company’s servers in Dublin.
The application for the warrant had been made by prosecutors involved in a drug trafficking investigation.
Though the company had argued that the emails belong to its customers and that they were outside of US jurisdiction anyway, the judge ruled that Microsoft must comply because it is a US firm and controls the data.
Yesterday, Ireland’s minister for data protection Dara Murphy has said he is seriously concerned about the implications of this ruling and other EU governments and US companies have also piped up about it.
So, why is everyone so worried?
The main point is that handing over the data would mean the company would be in breach of Irish and European data protection law. Arstechnica reported that a statement from Microsoft on Tuesday said the company would defy the order because of privacy concerns.
We will not be turning over the e-mail.
Our own data protection minister said “the possible implications of this ruling are very serious for Ireland and the European Union”.
He pointed out that compliance with the warrant may result in Microsoft, and any other US companies with operations in the EU which are served with such warrants in the future, being in breach of the Irish data protection acts and the EU Data Protection Directive.
A number of companies including Apple have filed court briefs supporting Microsoft, according to The Guardian, as they are worried about losing business to foreign competitors who could be considered better guardians of privacy if the US prosecutors get what they want.
Forbes also reported that the Germany government said it will stop using data storage from American companies if the ruling is not overturned, in order to protect its citizens.
Murphy allowing the warrant to proceed would create “significant legal uncertainty” for Irish and EU consumers and companies regarding the protection of their data.
There already exists a legal process that US authorities could follow under the Mutual Legal Assistance Treaty. This would allow US prosecutors to apply to our courts for the release of the information.
However in this case, there has been no communication with Irish authorities, it is an individual decision made by a judge in one jurisdiction.
Dara Murphy said Ireland has no problem in assisting with criminal matters through an exchange of information, rather the problem is with the process being used in this instance because it would set a potentially dangerous precedent.
What are we doing about it?
Murphy met with the European Commission in Brussels earlier this week to discuss the implications of this ruling and the importance of ensuring that the data protection environment is “fully respected”.
He has also chaired an interdepartmental committee to discuss how to respond and will be seeking the advice of the Data Protection Commissioner as well as the Office of the Attorney General.
As we’ve already mentioned, Microsoft has said it will not be handing over the emails. This now means the company will be held in contempt of court but it will allow it to appeal the decision in due course.
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I’m pretty sure there must be some system in place for a US court to request an Irish to supply a warrant to hand over this type of information. And I can’t imagine there would be much reason for the Irish court to refuse in a case involving drugs. So it just seems like the US court is setting this terrible precedent because they couldn’t be bothered going through the proper channels.
Or am I missing something?
The article mentions a process called the Mutual Legal Assistance Treaty which facilitates these kinds of requests but apparently US prosecutors never contacted the Irish authorities….
I get a very clear picture that this is a channel they have been trying to open for a while because it’s not as constrictive in terms of it’s scope as the Treaty on what they could look for in the future once precedent is set.
Very troubling stuff really.
US law is not enforceable in the EU. We have something called Data Protection. Maybe Microsoft should use the IRS approach and say the Data servers crashed and wasn’t backed up so we lost it. If it works FOR the government, it should work FOR Microsoft. Or perhaps the US government could just ask NSA for the data? sure they record everything and anything they can intercept. if Microsoft do hand hand over the data then they will be breaking Irish Data Protection laws
John you are correct. Ireland does not cooperate with the 5 eyes network except in specific investigations where real probable cause is demonstrated to us.
The US has basically eliminated all of it’s protections esp the 4th ammendment and now they expect us to eliminate ours to make it easier for them to hovver up data, well we won’t be allowing it.
Any government in Ireland that was caught doing the kind of mass surveillance common in the US now would be out of office with angry mobs in the streets very quickly and they know that.
We may be a laundrette for their companies for taxes but were not going to be one for their police state, they can follow the process of get nothing.
You’re mistaken, you should look up the ECHELON agreement which the Irish government signed up to back in the last century.
Angry mobs in the streets? I doubt it! Irish people never got out in the streets to protest bank bailout, cuts to disability services, cuts to health services etc! Angry mobs are needed but not in irish psyche it seems!
You really really believe that? I don’t! The meek Irish who will just roll over and die for every politco that drives a unpalletable and hard barghain at them? They’ve NEVER stood up for themselves.. and never will.
NOT EVERYBODY IS A CRIMINAL.WE NEED OUR PRIVACY SO RESPECT IT.
Have you not heard. In the US you are guilty until proven innocent and even then you can still be jailed.
The USA will use their war on Drugs and terrorism to justify their big brother and bully-boy tactics. We have a department of Data protection and as far as I know, the ball is in their court.
This is nonsense. The data is in Ireland, then only the irish courts can release. The us needs to be told this in no uncertain terms. Their boarders are the end of their legal rights just like ours.
So are the emails to do with some international high profile drug dealer or some corner hustler?
Am, No.
We have a minister for data protection ?. Seriously …..
We have one for almost everything else.
Tor
Funny one this. As multinationals, the corporations can store data in privacy friendly jurisdictions to avoid scrutiny by more investigative jurisdictions. This case may be between two western nations over emails, but what if child porn could be disseminated out of Guatemala due to a friendly local administration and so was above reproach? Like different tax codes in different jurisdictions, corporations will pick & choose countries that best serve their bottom line, not necessarily what best serves their customers.
Microsoft are incorporated in the USA and would be required to comply with court orders there. Similarly the directors could held liable for non-compliance.
Yes, and by virtue of the fact that the data is physically stored on servers in Ireland means that it is subject to Irish Data Protection laws. If they hand over the data they are in breach of our laws.
Not just our laws, but European laws.
i think data belonging to any European citizen cannot leave europe
It can leave the EU under the safe harbour agreement between EU and USA
No worries. Ireland is the 51st state anyway in all but name so US court jurisdiction over it is a given. Of more interest is the sham of court intrusion because every email is automatically scanned by US and UK intelligence services. EVERY EMAIL. On the Internet absolutely nothing is sacred. In a digital world, there are no rights. We’re simply witnessing the death throes of the old analogue world order.
Surprised the Irish government weren’t joined as notice parties to the case in the US. That would have allowed them to put their case to the judge.
this is bullishit, data belong to the people, and storage location does not matter. Also, asking for data with warrant is not what worries us when we think of Microsoft, Google, Facebook.
this is bullishit, data belong to the people, and storage location does not matter. Also, asking for data with warrant is not what worries us when we think of Microsoft, Google, Facebook….
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