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LAST WEEK, A US judge lifted a stay on the criminal search warrant for an email account controlled by the company’s servers in Dublin.
The application for the warrant had been made by prosecutors involved in a drug trafficking investigation.
Though the company had argued that the emails belong to its customers and that they were outside of US jurisdiction anyway, the judge ruled that Microsoft must comply because it is a US firm and controls the data.
Yesterday, Ireland’s minister for data protection Dara Murphy has said he is seriously concerned about the implications of this ruling and other EU governments and US companies have also piped up about it.
So, why is everyone so worried?
The main point is that handing over the data would mean the company would be in breach of Irish and European data protection law. Arstechnica reported that a statement from Microsoft on Tuesday said the company would defy the order because of privacy concerns.
We will not be turning over the e-mail.
Our own data protection minister said “the possible implications of this ruling are very serious for Ireland and the European Union”.
He pointed out that compliance with the warrant may result in Microsoft, and any other US companies with operations in the EU which are served with such warrants in the future, being in breach of the Irish data protection acts and the EU Data Protection Directive.
A number of companies including Apple have filed court briefs supporting Microsoft, according to The Guardian, as they are worried about losing business to foreign competitors who could be considered better guardians of privacy if the US prosecutors get what they want.
Forbes also reported that the Germany government said it will stop using data storage from American companies if the ruling is not overturned, in order to protect its citizens.
Murphy allowing the warrant to proceed would create “significant legal uncertainty” for Irish and EU consumers and companies regarding the protection of their data.
There already exists a legal process that US authorities could follow under the Mutual Legal Assistance Treaty. This would allow US prosecutors to apply to our courts for the release of the information.
However in this case, there has been no communication with Irish authorities, it is an individual decision made by a judge in one jurisdiction.
Dara Murphy said Ireland has no problem in assisting with criminal matters through an exchange of information, rather the problem is with the process being used in this instance because it would set a potentially dangerous precedent.
What are we doing about it?
Murphy met with the European Commission in Brussels earlier this week to discuss the implications of this ruling and the importance of ensuring that the data protection environment is “fully respected”.
He has also chaired an interdepartmental committee to discuss how to respond and will be seeking the advice of the Data Protection Commissioner as well as the Office of the Attorney General.
As we’ve already mentioned, Microsoft has said it will not be handing over the emails. This now means the company will be held in contempt of court but it will allow it to appeal the decision in due course.
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They’re sick waiting.
And we’re sick paying.
Workers in social housing pay 15% of their wages. But don’t get to own it after 25 years.
Our retail workers can’t afford private landlord prices, workers who buy someone else’s second home/mortgage.
I feel for the people who are gonna be lumbered with some of the ‘ lovely ‘ folk from that complex when they are re housed elsewhere, same thing happened with O’Devaney flats, corpo moved them as far from there as they could, turned parts of bray in to a kip.
@Uncle Montys oaf: No one from O’Devaney moved to Bray.
@Uncle Montys oaf: Can you Tell us about the bad experiences you’ve with some people from Oliver Bond House?
Maybe get a job and stop living off the hardworking people who are paying for your keep
If the residents contributed to a sinking fund after a few months they would have enough in it to begin work.
Rory J Leonard: if SF had a plan it would probably be to build new housing so that these people could be moved while making the Flats more liveable in the interim. Sadly it would not be in scenic Phoenix Park. They would likely choose some empty council land that is not being developed due to politics or NIMBYism. Perhaps in your neighborhood . . . .
Crazy alternative plan, but why not get a job in another county where rents are cheaper!
put MM on trial
i have seen the dire conditions there, outside dog poop etc. i say knock them down and rebuild and rehouse the people in meantime.
@michael macken:
That is exactly what needs to be done, Michael!
If our Taoiseach operated under a similar political system to China, he could Decree that a Section of the many under utilised Phoenix Park’s 1,700 acres, be set aside for the construction of a large number of modern apartment blocks.
Oliver Bond tenants could then be temporarily relocated, whilst their existing homes were given that long overdue make over. This could all be achieved possibly within five years, not fifteen.
And it wouldn’t take long to fill all of those almost-new homes in The Park when all done and dusted!
But this not China! So under our system, how can this particular type of conundrum be solved expeditiously?
Perhaps SF has a masterplan in the works for a solution. We await with bated breath!
@Rory J Leonard: if our Taoiseach operated under a similar system to China the flats would be bulldozed to make way for fancy condos and the residents sent to a labour camp for complaining….!
@michael macken: and whose dogs are popping, whose rubbish is just flung into the grounds, who burnt the pitch and playground? The millions of tourists and visitors to the flats every year?
@Paul Clancy: The part time Taoisach Martin and the policy of FFG are the problem. As for China…A lot of criminal bankers. Developers, who were facilated by members of the above named parties would have deservedly have been put against a wall .
@Rory J Leonard: China can get stuffed for all the ruination it’s done over the past few years.
They moved resident’s from Dolphin House Flat’s while they were being renovated and families that wanted move back got a place. Why not offer same scheme to Oliver Bond resident’s.
@Mick McGuinness: as long as they only give flats to people who work locally.
If you never worked, why should you be housed beside where all the jobs are, while workers in those jobs commute for hours?
have your say