Appellate attorneys for the U.S. government were unsuccessful in asking the Second U.S. Circuit Court of Appeals to reconsider its decision in Microsoft v. U.S., 2nd U.S. Circuit Court of Appeals, No. 14-2985. According to Reuters, the federal appellate court "refused to reconsider its landmark decision forbidding the U.S. government from forcing Microsoft Corp. and other companies to turn over customer emails stored on servers outside the United States."

The appellate court reasoned that the search warrant issued in a narcotics case seeking emails stored on a server in Dublin, Ireland were beyond the "reach of domestic search warrants issued under the federal Stored Communications Act, a 1986 law." The dissenting judges argued that because Microsoft is a domestic company it should not matter where the emails are stored as this can create a "roadmap for the facilitation of criminal activity." 

Written by: Alexandra Siskopoulos, Esq.

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