Legal Technology News

FBI Asks Congress to Re-Write Search Warrant Rules
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Microsoft, FBI, Justice Department, search warrants

Summary: Microsoft is in the middle of a heated battle with the federal government regarding a search warrant asking for emails stored on a server in Ireland. 

Microsoft is in the middle of a heated battle with the federal government regarding a search warrant asking for emails stored on a server in Ireland, according to Gigaom.

  
What
Where


Microsoft is go adamant against the search warrant that it is risking a contempt of court charge in the case in order to prove to computer customers in other countries that the data they have is safe from surveillance by the United States.

The fight by Microsoft is being supported by Cisco and Apple, but their battle could be undercut by the FBI.

The FBI is asking Congress to rewrite the rules for search warrants so it can have an expanded reach. Should Congress rewrite the rules, search warrants would not be limited to just geographic locations within the United States.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




According to National Journal, Congress has been asked to change Rule 41 of the criminal procedure to permit judges to approve electronic surveillance to search a computer’s contents no matter where it is located, even if it is abroad.

Microsoft lost the first round of the battle to the Justice Department back in July. The judge accepted the argument that the search did not take place in Ireland since the emails were actually read in the United States.



To read more stories about the Justice Department, click here.

Microsoft claims that the interpretation by the judge amounts to “allowing federal agents to break down the doors of Microsoft’s Dublin facilities.”

The company has also argued that American courts should not be allowed to issue search warrants that can be used abroad. The company said that law enforcement from the United States should work with foreign entities through mutual assistance treaties.

The case has reached the procedural stage in front of the Second Circuit Court of Appeals in New York.

To read more about the Second Circuit Court of Appeals in New York, click here.

Will Microsoft be victorious in this case? Share your thoughts using our poll.

Can Microsoft Win this Case Against the Justice Department?

View Results

Loading ... Loading ...

Image credit: Microsoft



 

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Senior Antitrust Associate Attorney

USA-CA-San Diego

San Diego office of our client seeks Senior Antitrust Associate Attorney with 7 years of experience....

Apply Now

Senior Antitrust Attorney

USA-WA-Seattle

Seattle office of a BCG Attorney Search Top Ranked Law Firm seeks Senior Antitrust Attorney with 9 y...

Apply Now

Patent Attorney

USA-DC-Washington

Washington, D.C. office of a BCG Attorney Search Top Ranked Law Firm seeks Patent Attorney with 1 ye...

Apply Now

RELEVANT JOBS

Associate Attorney Veterans' Disability Benefits

USA-KS-Lawrence

We are looking for an Associate Attorney to join our national veterans\' disability law practice bas...

Apply now

Litigation Attorney

USA-TX-San Antonio

Position:               &...

Apply now

Junior Associate Attorney

USA-NY-Rye

Rye, NY law firm focused on real estate and telecommunications law seeks an associate with 0-3 years...

Apply now

Experienced Attorney

USA-NY-Rye

Rye, NY law firm focused on real estate and telecommunications law seeks an associate with 7-10 year...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top