The Microsoft Saga – How Do The Arguments Stack Up?

In last week's post, we looked at the recent involvement of the Irish Government in the case of Microsoft Corporation v United States. Now, with Microsoft having been unsuccessful in the first two Courts, it now faces a third round, this time in the US Court of Appeals. As explained in our original post, the case concerns the refusal by Microsoft to hand over emails sought by the US authorities in an on-going narcotics investigation. Microsoft's refusal stems from the location of the emails, which are held in its Dublin-based data centre. In their appeal submissions, both Microsoft and the US have set out extensive reasoning supporting their arguments.

Renewed arguments

Since Ireland's submission, both Microsoft and the US have submitted further briefs in preparation for Microsoft's appeal to the US Court of Appeals this summer. Microsoft has reiterated its view that it should not be compelled to hand over emails stored in a foreign country. Much of Microsoft's