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<b><i>Breaking News:</b></i> Microsoft Prevails on Appeal in Dodging Warrant for Foreign E-mails
Microsoft and other U.S.-based internet service providers won a major victory on July 14 at the U.S. Court of Appeals for the Second Circuit, which reversed a lower court in finding the company is not required to comply with a U.S. warrant for customer e-mails stored on a server in Dublin.
The appellate court ruled that the Stored Communications Act's (SCA) 'unmistakable' focus is to protect the privacy of users and it does not authorize U.S. courts to issue and enforce warrants for the seizure of such content stored exclusively on foreign servers.
'When the government compels a private party to assist it in conducting a search or seizure, the private party becomes an agent of the government, and the Fourth Amendment's warrant clause applies in full force to the private party's actions,' the court said in Microsoft Corp. v. United States, 14-2985.
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