Microsoft data case set to split US judges
US Supreme Court justices on Tuesday wrestled with Microsoft’s dispute with the US Justice Department over whether prosecutors can force technology companies to hand over data stored overseas. Some of the judges signalled support for the government and others urged Congress to pass a law to resolve the issue.
The case started with a 2013 warrant obtained by US prosecutors for emails of a suspect in a drug-trafficking investigation that were stored on Microsoft computer servers in Dublin. Microsoft challenged whether a US warrant covered data stored abroad. The Justice Department said prosecutors were entitled to the data because Microsoft is headquartered in the United States.
US Chief Justice John Roberts and Justice Samuel Alito, both conservatives, hinted during an hour-long argument in the case at their support for the Justice Department’s stance that because Microsoft is based in the United States it was obligated to turn over data sought by prosecutors in a US warrant.
As the nine justices grappled with the technological complexities of email data storage, liberals Ruth Bader Ginsburg and Sonia Sotomayor questioned whether the court needed to act in the data privacy case in light of Congress now considering bipartisan legislation that would resolve the legal issue.
A ruling is due by the end of June.
“Wouldn’t it be wiser to say let’s leave things as they are. If Congress wants to regulate this ‘Brave New World,’ let them do it,” Ginsburg said.
Alito agreed that Congress should act but added that “in the interim, something’s got to be done”.
Roberts appeared concerned that companies might enable customers to evade the reach of US prosecutors by deliberately storing data overseas.
The case pits the interests of tech companies and privacy advocates in protecting customer data against the demands of law enforcement in gaining information vital to criminal and counter-terrorism investigations. The New Yorkbased 2nd US Circuit Court of Appeals in 2016 sided with Microsoft, handing a victory to tech firms that increasingly offer cloud computing services in which data is stored remotely. US President Donald Trump’s administration appealed that ruling to the Supreme Court.
The appeals court said the emails were beyond the reach of domestic search warrants obtained under a 1986 US law called the Stored Communications Act.
Legislation has been introduced in Congress that would let US judges issue warrants while giving companies an avenue to object if the request conflicts with foreign law.