Long-time client and friend, Donald Callahan, sent us his timely analysis of a U.S. Federal Court case involving Microsoft and the attempt of the U.S. government to obtain a customer’s email from Microsoft’s Data Center in Dublin. Donald’s full analysis appeared in the blog post entitled US Law in European Datacenters: Microsoft in Federal Court on May 13th, 2014. Donald knew we’d be interested in this development because of what we’ve written about the impact of cloud location and privacy in “Where Are Your Clouds? Location Matters.” “I know that you are sensitive to the issue about data location in the Cloud(s) and the legal jurisdiction that customers want to apply,” Donald wrote. “You might be interested in my analysis of this ruling, as a contribution to your thinking.” Here are some excerpts from Donald’s great analysis. In particular, Donald looks at the logic in the ruling that rejected Microsoft’s appeal as setting important precedent on three major questions:
- Does Data Location Matter?
- Does the American Stored Communications Act require documents to be produced, even if they don’t reside in the U.S.?
- Where can a search be conducted?
Here are the highlights of Donald Callahan’s analysis: