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Citing Privacy Concerns, BSA Urges Court to Strike Warrant Demanding Data Held Overseas

WASHINGTON, DC — July 23, 2014 —

BSA | The Software Alliance this week urged a District Court in New York to vacate a search warrant that the US government served on Microsoft Corp. seeking customer data stored on servers in Ireland.

“This case represents a significant overreach on the part of the US government,” said BSA President and CEO Victoria Espinel. “If the warrant is upheld, it would subvert privacy protections that are recognized in the United States and in the laws of other countries around the world.”

Espinel outlined a series of specific concerns in a letter supporting an amicus brief filed jointly by Apple Inc. and Cisco Systems, Inc. The letter argued that an earlier decision to reject Microsoft’s motion to vacate the search warrant:

  1. fails to consider the conflicting obligations under foreign and domestic law that arise when courts order providers to produce data about foreign users stored in foreign countries;
  2. improperly places the burden of reconciling conflicting international laws squarely on US providers by omitting this evaluation and by dismissing the Mutual Legal Assistance Treaty (MLAT) process out of hand with no factual findings regarding the Irish MLAT at issue;
  3. places US providers and their employees at significant risk of foreign sanctions and threatens a loss of customer confidence in US providers generally; and,
  4. encourages foreign law enforcement to take reciprocal actions by using equivalent foreign laws to require production of data stored in the United States, despite disclosure prohibitions in US law.

Click here to download BSA’s letter to the Honorable Loretta Preska, Chief Judge of the US District Court for the Southern District of New York.

7/23/2014
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Anna Hughes
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annah@bsa.org


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About BSA

BSA | The Software Alliance (www.bsa.org) is the leading advocate for the global software industry before governments and in the international marketplace. Its members are among the world’s most innovative companies, creating software solutions that spark the economy and improve modern life. With headquarters in Washington, DC, and operations in more than 60 countries, BSA pioneers compliance programs that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy.
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