(The Hill) The Obama administration is abandoning decades of established law in order to force Microsoft to hand over data from a foreign server, the software giant claims.
"For an argument that purports to rest on the 'explicit text of the statute,' the Government rewrites an awful lot of it," Microsoft said in a new brief as part of its case against the government.
"Congress never intended to reach, nor even anticipated, private communications stored in a foreign country when it enacted" the 1986 Electronic Communications Privacy Act, Microsoft said.
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Yet that, it claims, is exactly what the Justice Department is trying to do by issuing a search warrant ordering Microsoft to give up a suspected drug trafficker's email and records from an Irish data center.