Published on 09-01-2014 03:57 PM
Despite a federal court order directing Microsoft to turn overseas-held email data to federal authorities, the software giant said Friday it will continue to withhold that information as it waits for the case to wind through the appeals process. The judge has now ordered both Microsoft and federal prosecutors to advise her how to proceed by next Friday, September 5.
This is the first time a technology company has resisted a US search warrant seeking data that is held outside the United States.
In the view of Microsoft and many legal experts, federal authorities have no jurisdiction over data stored outside the country. It says that the court order violates Ireland's sovereignty and that prosecutors need to seek a legal treaty with Ireland in order to obtain the data they want.
Judge Preska of course feels differently, and she has consistently agreed with the prosecution argument that the physical location of email is irrelevant because Microsoft controls the data from its base in the United States.