Microsoft clashes with feds over e-mail privacy

On the surface, the investigation was routine. Federal agents persuaded a judge to issue a warrant for a Microsoft e-mail account they suspected was used for drug trafficking. But US-based Microsoft kept the e-mails on a server in Ireland. Microsoft said that meant the e-mails were beyond the warrant’s reach. A federal appeals court agreed. Late in June, the Trump administration asked the Supreme Court to intervene. The case is among several legal clashes that Redmond (WA)-based Microsoft and other technology companies have had with the government over questions of digital privacy and authorities’ need for information to combat crime and extremism.

Privacy law experts say the companies have been more willing to push back against the government since the leak of classified information detailing America’s surveillance programs. Another issue highlighted in the appeal is the difficulty that judges face in trying to square decades-old laws with new technological developments. In the latest case, a suspected drug trafficker used Microsoft’s email service. In 2013, federal investigators obtained a warrant under a 1986 law for the e-mails themselves as well as identifying information about the user of the e-mail account. Microsoft turned over the information, but went to court to defend its decision not to hand over the e-mails from Ireland.