The Federal government will face off Wednesday against Microsoft in a case that could determine the reach of a U.S. warrant to access data stored overseas.
Microsoft is fighting a government warrant demanding it turn over a user's email account stored at a data center in Dublin, Ireland, in a case that has broader implications for the emerging business of cloud storage.
Both sides will have a final chance to plead their case on Wednesday morning during oral arguments at the U.S. Appeals Court for the Second Circuit in New York. The case will be heard by three Obama appointees: Judge Gerard Lynch, Judge Susan Carney and Connecticut District Judge Victor Bolden.
Microsoft argues the authors of the 1986 law guiding government access to electronic communication could not have anticipated today's model for data storage in foreign countries, and the courts should not be in the business of rewriting law. The government, however, argues that the case should not turn on where the information is stored. Instead, it should focus on the fact that Microsoft is a U.S. based company under the government's jurisdiction.
The technology industry is rallying behind Microsoft. Companies like Amazon, Apple, Cisco, HP, eBay, and Salesforce, as well as news organizations like CNN, Fox News, NPR and The Washington Post have filed friend-of-the-court briefs supporting Microsoft's side.
The company has also pushed a public relations and lobbying campaign to get Congress to settle the issue outside the courts with an update to the Electronic Communications Privacy Act.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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