Microsoft wins landmark data storage case

Microsoft wins landmark data storage case
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Microsoft won a first-of-its-kind court victory over the Department of Justice on Thursday over whether the United States can order companies to turn over data stored in foreign servers. 


A unanimous decision from the Second Circuit Court of Appeals ruled that Microsoft did not have to turn over documents from an email account stored in an Irish data center despite a 2013 warrant. 

“We have little trouble concluding that execution of the Warrant would constitute an unlawful extraterritorial application of [the U.S. authority],” wrote Circuit Judge Susan L. Carney in the official opinion. 

Privacy activists, technology companies and members of the European Parliament all petitioned the court on Microsoft’s behalf. 

Traditionally, domestic law enforcement seeks foreign evidence using Mutual Legal Assistance Treaties to request other countries issue their own warrants.