US Department of Justice says it can demand every email from the service provider

  • 12 September 2015
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Microsoft case : US Department of Justice says it can demand every email from the service provider
 
The United States Department of Justice has told the federal appeals court that it has the right to demand the emails of anyone in the world from any email provider headquartered within US borders.
 
The DoJ made the submission in the second circuit court of appeals is between the US and Microsoft over the US government’s right to demand user emails from Microsoft held on a Hotmail server in Ireland.
 
Microsoft holds the position that the United State government has no right over the emails as they are hosted in a country outside the jurisdiction of US.
 
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Userlevel 7
Not surprised...but thankfully for us foreigners this relates to "...any email provider headquartered within US borders". But not so good for our US friends, eh? :(
Userlevel 7
Actually... I think the wording would include people outside of the U.S.  If the company itself has headquarters within the U.S., then the email can be demanded no matter where in the world it is hosted, no matter what data center is being used for it.  This would apply to... anyone at all with any email service from Microsoft.
Userlevel 7
That may be true david but for the vast majority of non US nationals their email provider is most like not a US company...yes, I know that a lot of people have GMail, HotMail, Live Mail accounts, etc., but I suspect that many of those are just for convenience.
 
My email provider is UK based & hosted and I suspect that that is true for much of Europe, i.e.e, they are hosted in the releavnt country, etc.
 
Still, not a great state of affairs from whatever angle...might well say that it is the proverbial "thin end of the wedge" unfortunately. 
Userlevel 7
I have to agree with Microsoft, jurisdiction is the key word here.

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