Microsoft data warrant case in top US court has global implications

WASHINGTON — Microsoft faces off with the US government before the Supreme Court yesterday over a warrant for data stored abroad that has important ramifications for law enforcement in the age of global computing.

The case, which dates back to 2013, involves a US warrant ordering Microsoft to turn over the contents of an email account used by a suspected drug trafficker, whose data is stored in a cloud computing center in Ireland.

It has been watched closely because of its implications for privacy and surveillance in the digital age, and specifically how law enforcement can reach across borders to obtain digital evidence that may be scattered across the globe.

Microsoft has maintained that US courts lack jurisdiction over the data stored in Ireland.

The US tech giant, backed by many firms in the sector and civil liberties groups, argues the case is critical in showing that American authorities cannot simply request such data via a warrant without going through the process set out in law enforcement treaties between countries.

Microsoft president Brad Smith told reporters last week the principle is especially relevant after former intelligence contractor Edward Snowden leaked details on global US surveillance programs in 2013.

"We've always said it was important to win this case to win the confidence of people around the world in American technology," Smith said in a conference call.

Smith said officials in Europe have been notably concerned about the implications of a decision in favor of the US government, and that was made clear during a discussion with a German official on the case after a lower judge ruled against Microsoft.

"He said that unless we persist with this lawsuit and turned it around, no German state would ever store data in a data center operated by an American company," Smith said.