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The U.S. did exactly that with some data Microsoft had stored on Irish servers, which was subpoenaed by an American court. Microsoft lost initially, because whi
by _delirium 11y ago
The U.S. did exactly that with some data Microsoft had stored on Irish servers, which was subpoenaed by an American court. Microsoft lost initially, because while the data was in Europe, the subpoena was only served to Microsoft US, which had access to the data, and could therefore validly be required to hand it over under US law. The appeal is still being litigated [1]. Microsoft is very interested in fighting the case, because they've been heavily advertising cloud services to European customers on the promise that the data will be stored in Europe and accessed only according to European laws. If they lose, they may have to either give up that claim, or move to a more fully segmented model where access credentials to data in EU-based datacenters are restricted to EU-based employees.
[1] https://en.wikipedia.org/wiki/Microsoft_Corporation_v._United_States_of_America https://en.wikipedia.org/wiki/Microsoft_Corporation_v._Unite...
- junto 11y agoSpot on. If Microsoft lose this case then both Azure and AWS have major problems. I do wonder though whether they can simply restructure their corporations so that they have a European arm that is completely independent legally from the US one. Maybe that will solve the NSA and EU legal problems.
- Aloisius 11y agoThe Microsoft case is about extraterritorial limits of search warrants, not subpoenas. US corporations can be compelled by subpoena to appear before court and turn over documents/evidence they control regardless of what country they are stored in. No idea about administrative subpoenas which I believe include National Security Letters though. I imagine it is the same as the judicial subpoenas.