Federal appeals court set

Federal appeals court set to hear Microsoft 'cloud' case:

 

NEW YORK (AP) - Microsoft Corp. to create a second chance to prove you have the right to retain the data stored abroad in the hands of US researchers when their lawyers who appear before a federal appeals court Wednesday, but the software giant already cover their paris, called on Congress to clarify the law.

The Second Circuit Court of Appeals will hear Microsoft to challenge a decision in July 2014 a lower court holding that a court or law enforcement agencies in the United States has the power to order a person or entity to production materials, even if information is received abroad.

The company, based in Washington, Redmond, I hope the appeals court will overturn the decision that confirms the right of the government of the United States in search of an email account of consumers as Microsoft stores in Dublin, Ireland. The government wants to find the account as part of a narcotics investigation.

An information order was issued in December 2013, saying there was probable cause to believe that the account was opened in 2010 in a property was used for drug trafficking. Microsoft introduced customer's address book, which is stored in the United States.

In court documents, which Microsoft called on Congress to "address the issue of whether, and when, the police should be able to oblige providers like Microsoft to help customers take advantage of emails stored in foreign countries."

"Only Congress has the institutional competence and constitutional authority to balance the needs of law enforcement against the sovereignty of our nation, the privacy of our citizens and the competitiveness of its industry," he said.

But federal prosecutors in Manhattan said in court papers that "the interests of powerful government" replace the potential negative impact on Microsoft's business or any business looking to enjoy the storage in abroad.

"The fact is that there is probable cause to believe that evidence of a violation of the criminal laws of the United States, affecting residents of the United States and the participation of US interests, is present in the records under Microsoft controlling "they write. "With the benefits of corporate citizenship in the United States are related responsibilities, including the responsibility to comply with a disclosure order issued by a US court. Microsoft should not be allowed to complain that this could affect their bottom line. "

Prosecutors said Microsoft still controls the data based abroad and employees of the United States can recover. They said Microsoft's customers have rights under the terms of service of the company to demand that data be stored to any particular data center.

In filing the appeal, the Irish Government said the Irish Supreme Court ruled that the Irish courts have the power to order the production of documents by an Irish company registered by one of its branches in a foreign country. He said that the Irish tax authorities may also require Irish banks to produce records of accounts held by customers, where the information is located.

"Ireland continues to facilitate cooperation with other states, including the US, in the fight against crime and would be happy to consider as soon as possible, a request under the Treaty, should be a given," he said.

In another presentation of Appeal, and 29 new major US and foreign commercial organizations have asked the court to overturn the lower court, telling reporters and editors around the world rely on email services and cloud storage provided by Microsoft and others to collect, store and review documents protected by the First Amendment.

"Even if the subscriber is no longer a journalist - although we do not know for sure - maybe next subscriber," said the court papers.