Microsoft Gains Massive Support to Protect Data Overseas
David Curry | | Dec 16, 2014 08:37 AM EST |
(Photo : Reuters) Microsoft has announced second quarter fiscal results, showing excellent growth in hardware and cloud, but questionable Windows 8 adoption.
Scores of tech companies, civil liberties groups, trade associations and computer scientists have filed legal briefs, showing support for Microsoft's protection of privacy for users overseas from the U.S. government.
The Department of Justice is trying to push the Electronic Communications Privacy Act (ECPA), allowing U.S. authorities to gain a warrant for data held overseas. The DOJ argues due to information being in the cloud, the rights go to the cloud supplier, based in the U.S.
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However, Microsoft does not see it this way. The software giant wants any data held in servers outside the U.S. to not work with a U.S. based warrant. Authorities would have to get a warrant in the local region, in order to access the data.
Microsoft started the discussion a few months ago, when the U.S. government claimed data held in Ireland should not need another warrant to claim, since Microsoft was a company based in the U.S.
It looks like tech companies feel the same way, with Apple, Amazon, AT&T, HP, Verizon and more filing support for Microsoft. All of these companies have data outside of the U.S., which U.S. officials should not be able to access without a warrant in the specific region.
Verizon says "The U.S. Supreme Court has reiterated many times that U.S. statutes are presumed not to have extraterritorial application unless Congress 'clearly expressed' its 'affirmative intention' to the contrary."
Currently, Congress has not accepted the new DOJ terms on the ECPA, allowing it to apply outside of the U.S. In fact, when the Congress approve of the new act, they did so knowing it would only apply in the U.S.
This is what Microsoft is fighting to protect and it might go to the Supreme Court, before a decision is made. Microsoft's previous appeal did not work, but the company is back with plenty of allies to fight the case.
After the revelations from NSA whistleblower Edward Snowden, countries like Germany and Brazil have cut major internet ties with the U.S. Some countries have even insisted data about citizens needs to be stored in their country, not the U.S., to avoid surveillance.
The U.S. is in a difficult situation, as more leaks reveal the deep surveillance the NSA has implanted in European governments, thought to be allies. It is unlikely Congress will pass the motion to allow warrants to apply outside the U.S. for electronic information.
TagsDepartment of Justice, ECPA, warrant, U.S. Government, surveillance
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