Las Vegas Review-Journal

Appellate court sided with firm

- By Mark Sherman The Associated Press

WASHINGTON — On the surface, the investigat­ion was routine.

Federal agents persuaded a judge to issue a warrant for a Microsoft email account they suspected was used for drug traffickin­g.

But U.s.-based Microsoft kept the emails on a server in Ireland. Microsoft said that meant the emails were beyond the warrant’s reach. A federal appeals court agreed.

Late last month, the Trump administra­tion asked the Supreme Court to intervene.

The case is among several legal clashes that technology companies have had with the government over questions of digital privacy and authoritie­s’ need for informatio­n to combat crime and extremism. Privacy law experts say the companies have been more willing to push back against the government since the leak of classified informatio­n detailing America’s surveillan­ce programs.

Another issue highlighte­d in the appeal is the difficulty that judges face in trying to square decades-old laws with new technologi­cal developmen­ts.

In the latest case, a suspected drug trafficker used Microsoft’s email service. In 2013, federal investigat­ors obtained a warrant for the emails themselves as well as identifyin­g informatio­n about the user of the email account.

Microsoft turned over the informatio­n but went to court to defend its decision not to hand over the emails from Ireland.

The federal appeals court in New York agreed with the company that the 1986 Stored Communicat­ions Act does not apply outside the United States.

The administra­tion’s Supreme Court appeal said the decision is damaging “hundreds if not thousands

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