DOJ asks court to vacate stay in Microsoft email privacy case

The US Department of Justice has asked a New York court to vacate a stay on an order that would require Microsoft to turn over to the government certain emails held abroad.

The company, which had asked for the stay to pursue an appeal, may now have to refuse to comply with the order after the stay is lifted for its appeal to be acceptable by the appeals court, according to the plan outlined by DOJ to the court, citing a "jurisdictional defect. If Microsoft refuses to comply with the order, then the court is requested to issue "a contempt order that would, in turn, be a properly appealable final order, which could be stayed on consent pending appeal."

The DOJ said it also raised the option of jointly seeking from the court a final appealable contempt order, but Microsoft has chosen not to join in this request.