Tag: Microsoft

Bizarre

Ninth Circuit Rules H1B Visa Program Violates 13Th Amendment

By Darren Smith, Weekend Contributor

In a surprise reversal of a District Court, the Ninth Circuit Court of Appeals in what is likely to be a landmark decision ruled that the H1B Visa Program, a temporary worker policy of the United States Government, enacted to allow relaxed work permits of needed high-tech foreign workers, violated the 13th Amendment to the U.S. Constitution. The act disparaged workers by forcing tech-workers to labor exceedingly long hours for below-market wages under legal coercion. The Court further held that employers held undue influence and subjected foreign workers to be bound to a particular employer or else face cancellation of their Visa after termination.

The software industry likely will be one of the largest segments to undergo sudden changes to their hiring practices. Yet, the decision likely will be a boon for the Trump Administration in that the hiring of lower-cost foreign workers will reduce and recent citizen graduates of technical colleges and universities could have greater job opportunities.

Continue reading “Ninth Circuit Rules H1B Visa Program Violates 13Th Amendment” →

Congress, Free Speech, International, Justice, Lawyering, Politics, Society, Uncategorized

Economic Patriotism or Treason?

300px-Microsoft_building_17_front_door

Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Weekend Contributor

We have read in recent weeks and months about the continued movement of corporate profits by US corporations to their overseas subsidiaries in order to avoid paying taxes here on those profits.  Walgreens almost went that route recently but they decided to not do what is called an “inversion” to avoid taxes.  At least for now.

You may be wondering what the picture is all about.  The building in the attached photo is one of the main buildings on the Microsoft campus in Redmond, Washington.  And Microsoft has also been busy working on their taxes.

Microsoft, made news recently, by admitting that they have stashed $92 Billion dollars overseas in an attempt to avoid paying $29 Billions in taxes!  While Microsoft has not officially “inverted” its profits, they have done the next best thing.

Many large US corporations have complained that they have to move profits overseas because they cannot be competitive in the world market without a lower tax base.  Just how true is that claim? Continue reading “Economic Patriotism or Treason?” →

Constitutional Law, Courts, International, Justice

US Magistrate Judge Rules Search Warrant May Include Email Account Hosted Overseas

By Darren Smith, Weekend Contributor

Microsoft LogoThere is an interesting ruling from U.S. Magistrate Judge James Francis in New York. The case stems from a search warrant sought by the government for the contents of an individual’s e-Mail account that was hosted by Microsoft but stored on a server located in Dublin, Ireland.

Magistrate Francis stated that internet service providers such as Microsoft or Google cannot refuse to turn over customer information and emails stored in other countries when issued a valid search warrant from U.S. law enforcement agencies.

In a statement, Microsoft said it challenged the warrant because the U.S. government should not be able to search the content of email held overseas.

“A U.S. prosecutor cannot obtain a U.S. warrant to search someone’s home located in another country, just as another country’s prosecutor cannot obtain a court order in her home country to conduct a search in the United States,” the company said. “We think the same rules should apply in the online world, but the government disagrees.”
Continue reading “US Magistrate Judge Rules Search Warrant May Include Email Account Hosted Overseas” →