Tag: Search Warrant

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.”
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