Microsoft 'must release' data held on Dublin server

[RainfallWithin]

 

Quotes from BBC News source: http://www.bbc.com/news/technology-27191500

 

A judge in the US has ordered Microsoft to hand over a customer's emails, even though the data is held in Ireland. The company had attempted to challenge the search warrant on the basis that the information was stored exclusively on computer servers outside the US.

 

Microsoft previously said it planned to offer business and government clients control over where their data resided.

 

This followed concerns about data privacy raised by whistleblower Edward Snowden's leaks about US spying.

 

The search warrant, which was issued to Microsoft by US authorities, sought information associated with a member of the public's email account including their name, credit card details and contents of all messages.

 

Microsoft said it would continue to oppose the release of the Dublin-stored data.

 

Microsoft are hoping for a review of the decision to hand over a customer's data.

 

A new data-protection law, currently being drafted by the European Union, aims to make sure companies no longer share European citizens' data with authorities of another country, unless explicitly allowed by EU law or an international treaty.

 

In response to the ruling in the US, Mina Andreeva, European Commission spokeswoman for justice, fundamental rights and citizenship, told the BBC: "The commission's position is that this data should not be directly accessed by or transferred to US law enforcement authorities outside formal channels of co-operation, such as the mutual legal assistance agreements or sectoral EU-US agreements authorising such transfers.

 

"Access by other means should be excluded, unless it takes place in clearly defined, exceptional and judicially reviewable situations."

 

Ms Andreeva also said that "the European Parliament reinforced the principle that companies operating on the European market need to respect the European data protection rules - even if they are located in the US."

 

Earlier this year German Chancellor Angela Merkel proposed building up a European communications network to help improve data protection and avoid emails and other data automatically passing through the United States.

 

Both of these actions were prompted by allegations of mass surveillance by the US National Security Agency.

 

Microsoft is hoping for a review of the decision from a federal district judge.

 

 

Personal Thoughts

 

I am hopeful that the new European Union data protection law will prevent any single country, such as the United States, from controlling what happens on our global networks.

[dragosudeki]

All the authorities going crazy after Snowden did what he did.... Or maybe we are just more aware of it?

[flibberdipper]

I think the US is fucking stupid. Just saying.

[RainfallWithin]

All the authorities going crazy after Snowden did what he did.... Or maybe we are just more aware of it?

 

I think both are happening. Every time a company or person is requested for data, they resist a lot more now it seems and for good reason. Also, news travels quickly on the Internet.

[Misanthrope]

The US is really losing sight of their priorities: If you go after corporations in very strategic industries like IT you will just run them the fuck out of the country and hurt the economy. Somebody needs to teach them that you don't bite the fucking hand that feeds you, no matter how much political power they think they have they are nothing without giants like Google or Microsoft. This is not evil this is just fucking retarded.

[AstroZombie1]

I'm assuming due to the location of the data that these are mainly EU records?

[alepodj]

have they even learned anything at all,,, the level of stupidity is reaching maximum, almost there but at this point im not sure what the limit is anymore...

AHHH So much frustration :angry:  Lately all the news dont even make sense,,, is like that episode of Futurama where everyone gets stupid but Fry which is already stupid by default LOL

[StingBull]

How long till every single internet corporation just has enough and leaves America? Then again, I'm pretty sure they would create a bullshit law to prevent that too...

[Vytautas]

I'm assuming due to the location of the data that these are mainly EU records?

I would guess no. As I understand only government and business users can decide were there data is stored. Our, simple users data is probably stored in some local cache servers, in your country/region, and periodically synced to the main storage which most probably is in US. I'm just guessing, as I have no idea how M$ manages there data, but that would make more sense to me. IMO all our data, US based companies have, is already neatly indexed and safely permastored in some underground government data warehouse... just in case.

[Notional]

Update to the case:

 

Microsoft has appealed the US court ruling, to hand over personal data located on an EU server in Ireland, thereby violating the EU Data Protection Directive (http://eur-lex.europa.eu/legal-content/en/ALL/;ELX_SESSIONID=0PQGTh1SFPQQktZlPt1yYsgLJGhfvdJXnndQ1l6Gfg8C74n6VpWK!-214898903?uri=CELEX:31995L0046).

 

The appeal was filed on the 6th of June 2014, and can be read in full here:

https://www.documentcloud.org/documents/1184809-brief-in-microsoft-case-to-search-email-outside.html

 

I don't think Microsoft gets nearly enough credit for their work to ensure privacy against violation from the US government. Kudos MS!

[RainfallWithin]

Update to the case:

Microsoft has appealed the US court ruling, to hand over personal data located on an EU server in Ireland, thereby violating the EU Data Protection Directive (http://eur-lex.europa.eu/legal-content/en/ALL/;ELX_SESSIONID=0PQGTh1SFPQQktZlPt1yYsgLJGhfvdJXnndQ1l6Gfg8C74n6VpWK!-214898903?uri=CELEX:31995L0046).

The appeal was filed on the 6th of June 2014, and can be read in full here:

https://www.documentcloud.org/documents/1184809-brief-in-microsoft-case-to-search-email-outside.html

I don't think Microsoft gets nearly enough credit for their work to ensure privacy against violation from the US government. Kudos MS!

Thank you for posting this update and with some good sources too. I was still thinking about this recently. I hope the story gets more publicity in order to show the public that the US is still upto their bad practises when it comes to pressuring companies into releasing customers' data.

[jezza39]

I find it astounding that US courts have the arrogance to order such a decision. I'm surprised that companies haven't moved their servers to Iran and North Korea /sarcasm