PCMag editors select and review products independently. If you buy through affiliate links, we may earn commissions, which help support our testing.

US Judge Invalidates Warrant for Microsoft's Irish Data Center

Industry groups hailed the decision as a victory for digital privacy rights.

 & Tom Brant Managing Editor

Our team tests, rates, and reviews more than 1,500 products each year to help you make better buying decisions and get more from technology.

Our Expert
LOOK INSIDE PC LABS HOW WE TEST
65 EXPERTS
43 YEARS
41,500+ REVIEWS

Microsoft does not have to comply with a US search warrant for an email stored in its Irish data center, according to a federal appellate court decision handed down today.

In her decision, Judge Susan Carney of the US Court of Appeals for the Second Circuit explained that the warrant, which directed Microsoft to produce the contents of an email account and associated customer data stored in Ireland, is invalid.

"Interpreting 'warrant' to require a service provider to retrieve material from beyond the borders of the United States," Carney wrote, would violate the "presumption against extraterritoriality" established by the Supreme Court.

The case began in late 2013, when a US district court ordered Microsoft to turn over customer email data stored in a Dublin data center. The company refused and appealed the decision, sparking a court battle that was backed by several other tech companies, including Verizon, Apple, Amazon, HP, eBay, and AT&T.

"We obviously welcome today's decision by the Second Circuit Court of Appeals," Microsoft's Chief Legal Officer Brad Smith said in a statement. "The decision is important for three reasons: it ensures that people's privacy rights are protected by the laws of their own countries; it helps ensure that the legal protections of the physical world apply in the digital domain; and it paves the way for better solutions to address both privacy and law enforcement needs."

Industry representatives also celebrated Microsoft's victory, including the Computer & Communications Industry Association, which called it an important decision for privacy protections and the rule of law.

"As Congress considers reforming the Electronic Communications Privacy Act and Stored Communications Act, this ruling demonstrates the importance of clear statutory language that anticipates and facilitates cloud privacy and security," CCIA director of external affairs Maggie Brenan said in a statement.

About Our Expert

Tom Brant

Tom Brant

Managing Editor

I’m a managing editor at PCMag.com focused on PC hardware. Reading this during the day? Then you've caught me testing gear and editing reviews of Wi-Fi routers, printers, laptops, and tons of other personal tech. (Reading this at night? Then I’m probably dreaming about all those cool products.) I’ve covered the consumer tech world as an editor, reporter, and analyst since 2015.

I've covered most major consumer tech events, including CES, Computex, Google I/O, and IFA. I've also appeared on CBS News, in USA Today, and at many other outlets to offer analysis on breaking technology news.

Before I joined the tech-journalism ranks, I wrote on topics as diverse as Borneo's rainforests, Middle Eastern airlines, and Big Data's role in presidential elections. A graduate of Middlebury College, I also have a master's degree in journalism and French Studies from New York University.

The Technology I Use

While most people buy a phone or laptop and stick with it for years, I’m lucky enough to use devices based on Android, iOS, macOS, and Windows daily as part of my job. As a result, I cycle through lots of tech in addition to my IT-issue work laptop. (Yes, that's a ThinkPad.) Personally, I’ve also owned a lot of tech products both cutting-edge and cringeworthy, from the Nintendo GameCube and the original MacBook to the Palm m105 and the CueCat.

Read full bio