Microsoft Still Resisting Orders to Surrender Overseas Emails to DOJ

Microsoft has been
losing its battle to keep emails stored in other countries out
of the hands of our increasingly intrusive Department of Justice.
The DOJ is demanding e-mails stored in a database in Ireland for a
criminal investigation. Much to the concern of privacy advocates
and tech firms, a federal district judge had ruled that the DOJ
could demand access to data in another country. The judge had
stayed her order for Microsoft to appeal, which it was.

However, at the end of last week, do to various technical
reasons, the judge lifted the stay. This doesn’t mean Microsoft
wasn’t going to continue its appeal and it has refused to turn over
the emails. As a result, Microsoft is right now technically defying
the law.

While some tech sites are making a big deal of it,
Techdirt thinks
it’s being blown out of proportion. It’s a technical procedural
issue, not some sort of act of great heroism from Microsoft
standing up for the little guy.

Ars Technica explains it a little further. In order to
properly have standing to appeal this particular ruling, Microsoft
has to be found in contempt of the order to provide the data.
That’s why the judge lifted her say. As such, Microsoft’s refusal
to provide the data has prompted the Department of Justice to
request the company to be found in contempt. If the court does so,
then an appeal can move forward in the proper path. Complicated
stuff.
From Ars Technica:

Microsoft said its consumer trust is low in the wake of the
Edward Snowden revelations. Microsoft told Judge Loretta
Preska in a filing that the “government’s position in this case
further erodes that trust and will ultimately erode the leadership
of US technologies in the global market.”

Verizon said (PDF)
that a decision favoring the US would produce “dramatic conflict
with foreign data protection laws.” Apple and Cisco said (PDF)
that the tech sector is put “at risk” of being sanctioned by
foreign governments and that the US should seek cooperation with
foreign nations via treaties, a position the US said was not
practical.

All this international conflict, threat to security of tech
firms, and effort to expand the reach of federal domestic law
enforcement is to track down narcotics dealers, by the way.