PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Op-Ed: Privacy Protection Is at Stake in Microsoft’s Battle with the DOJ

Posted on July 23, 2014July 1, 2025 by Dissent

Victoria Espinel of BSA/The Software Alliance writes about DOJ’s position that a warrant served on Microsoft requires it to produce all of the customer’s emails stored on Microsoft servers – even those outside the U.S.

… That astonishing overreach [by the government] is based on a legal fiction—that no search occurs until the digital data are transferred to the United States. But that is simply wrong as a technical matter, because the foreign server must be searched to identify the information at issue and to transfer it to the United States. And it is wrong as a legal matter as well: No one would argue that physical papers stored in Ireland, France or Hong Kong had not been “searched” if they were identified, bundled up and sent to the United States.

The government’s expansive argument also violates a second fundamental legal principle, known as “comity,” which requires U.S. courts to give appropriate respect to the laws and interests of other nations when addressing questions about the application of U.S. law abroad.

Read more on National Law Journal.

No related posts.

Category: BusinessCourtFeatured NewsNon-U.S.SurveillanceU.S.

Post navigation

← Judge Rejects EFF’s Call for NSA Full Disclosure
Google hauled in by Europe over ‘right to be forgotten’ reaction →

Search

Contact Me

Email: info[at]pogowasright.org
Security Issue: security[at]pogowasright.org
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]pogowasright.org

Research Report of Note

A report by EPIC.org:

State Attorneys General & Privacy: Enforcement Trends, 2020-2024

Categories

Recent Posts

  • Lawmakers Warn Governors About Sharing Drivers’ Data with Federal Government
  • As shoplifting surges, British retailers roll out ‘invasive’ facial recognition tools
  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs
  • Always watching: How ICE’s plan to monitor social media 24/7 threatens privacy and civic participation
  • Who’s watching the watchers? This Mozilla fellow, and her Surveillance Watch map

RSS Recent Posts at DataBreaches.net

  • Suspected Russian hacker reportedly detained in Thailand, faces possible US extradition
  • Did you hear the one about the ransom victim who made a ransom installment payment after they were told that it wouldn’t be accepted?
  • District of Massachusetts Allows Higher-Ed Student Data Breach Claims to Survive
  • End of the game for cybercrime infrastructure: 1025 servers taken down
  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
©2025 PogoWasRight.org. All rights reserved.