Pittsburgh Post-Gazette

Top court to decide if U.S. authoritie­s can force access to emails stored abroad

- By Mark Sherman Associated Press

WASHINGTON — The Supreme Court agreed Monday to take on a major dispute over the government’s authority to force American technology companies to hand over emails and other digital informatio­n sought in criminal probes but stored outside the U.S.

The justices intervened in a case of a federal drug traffickin­g investigat­ion that sought emails that Microsoft keeps on a server in Ireland. The federal appeals court in New York said the emails are beyond the reach of a search warrant issued by an American judge.

The Trump administra­tion and 33 states told the court that the decision is impeding investigat­ions into terrorism, drug traffickin­g, fraud and child pornograph­y because other courts are relying on the ruling in preventing U.S. and state authoritie­s from obtaining informatio­n kept abroad.

The case is among several legal clashes that Redmond, Wash.-based Microsoft and other 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.

The case also highlights the difficulty that judges face in trying to square decadesold laws with new technologi­cal developmen­ts. In urging the high court to stay out of the case, Microsoft said Congress needs to bring the law into the age of cloud computing. Data companies have built servers around the world to keep up with customers’ demands for speed and access.

The case will be argued early next year.

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