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Microsoft, US face off again over emails stored in Ireland

John Ribeiro | Sept. 4, 2015
The company has refused to turn over to the government the emails stored in Ireland

While the company held that courts in the U.S. are not authorized to issue warrants for extraterritorial search and seizure, Judge Francis held that a warrant under the Stored Communications Act, was "a hybrid: part search warrant and part subpoena." It is executed like a subpoena in that it is served on the Internet service provider who is required to provide the information from its servers wherever located, and does not involve government officials entering the premises, he noted.

Judge Loretta Preska of the District Court for the Southern District of New York rejected Microsoft's appeal of the ruling, and the company thereafter appealed to the Second Circuit.

 

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