15.07.2016

Microsoft vs United States: keine Datenherausgabe von Drittland-Servern

US Court of Appeals for the 2nd Circuit in New York of 14 July 2016 (Microsoft vs United States, 2nd U.S. Circuit Court of Appeals, Docket No. 14-2985; alternative link):
Microsoft Corporation appeals from orders of the United States District Court for the Southern District of New York (1) denying Microsoft’s motion to quash a warrant (“Warrant”) issued under the Stored Communications Act, 18 U.S.C. §§ 2701 et seq., to the extent that the orders required Microsoft to produce the contents of a customer’s email account stored on a server located outside the United States, and (2) holding Microsoft in civil contempt of court for its failure to comply with the Warrant. We conclude that § 2703 of the Stored Communications Act does not authorize courts to issue and enforce against U.S.‐based service providers warrants for the seizure of customer e‐mail content that is stored exclusively on foreign servers.