Microsoft wins appeal case over providing email in EU data center to US

Microsoft still does not have to hand over emails to US authorities if they are stored on servers outside the US, even if the company itself is American. This is apparent from the second appeal in the case, which has been running since 2014.

On Tuesday, the eight judges who examined the case voted in equal numbers for and against retaining last July’s verdict. The judges who disagreed with that verdict said the case should go to the US Supreme Court or Congress, according to Reuters, because the verdict “does not represent any serious, legitimate or substantial privacy interest.” The prosecutor is currently investigating his options.

Initially, the District Court ruled in favor of Microsoft, after which the company went to the Court of Appeals for an appeal. He did agree with the Redmond-based company and that statement therefore stands at least for the time being: the safeguards of the Stored Communications Act, or SCA, to protect the privacy rights of citizens are not intended to apply beyond national borders.

The case began in 2014. The US Justice Department wants to see certain emails from Microsoft’s European customers in connection with a drug case. Those messages are on a server in Ireland. Microsoft opposed the order, also receiving support from major tech companies such as Apple, Amazon, HP and eBay.