The US Government wants Microsoft to hand over Silk Road emails

This was originally a Times.co.uk story but it is behind a paywall, so here's the text of it


US sues Microsoft for Silk Road suspect's email

An Irishman wanted by the FBI on dark web drugs charges is at the centre of a separate legal battle between the government of the United States and Microsoft.

Gary Davis, 28, from Wicklow, is fighting extradition to the US to face charges for his alleged involvement in Silk Road, the illegal online marketplace. Mr Davis is alleged to have been an administrator on the site until the FBI shut it down in October 2013.

The US justice department served Microsoft with a warrant in relation to an undisclosed drugs investigation in December 2013 seeking data from a Microsoft Outlook email account stored in its Dublin servers.

Mr Davis was arrested at his Wicklow home on December 19, 2013. The Times has learnt that the emails which are the subject of the warrant are connected to Mr Davis and the Silk Road investigation.

Microsoft sued to block the warrant, arguing that transferring the emails would amount to an international seizure beyond the powers of US law enforcement. The justice department responded that the data belonged to a US-owned company and so should be transferred. Microsoft maintained that the emails belonged to the user.

The case has raised questions about the relationship between US authorities and American companies that hold data overseas.

Paul Ennis, a researcher at University College Dublin's Centre for Innovation, Technology & Organisation, said that there was no other case involving data on the Irish servers which would necessitate the approach taken by the US.

"If they're going to upset an ally, as they are doing here with Microsoft, and potentially with Ireland, it could only be something which has embarrassed them or upset them. Silk Road fits that," Dr Ennis, who is researching the Silk Road investigation, said.

"They would only move on Ireland for data if it is someone who is part of big case that there is pressure on. The dates of the warrant match the final stages of the Silk Road investigation and the nature of the prosecution makes it high profile enough to go to this trouble."

Mr Davis has also said that he believes the data relates to his case. "Some whistling wind informs me that this centres around my emails. Not playing by the rules again, FBI? Shocking," he wrote on Twitter in April.

Microsoft has been joined by Google and Facebook in arguing that an order forcing compliance in the Dublin data case would set a dangerous legal precedent across the world.

Nate Jones, of Microsoft's legal affairs group, vowed earlier this month to continue the company's "principled" fight. Mr Jones said that the servers should have the same protection from American courts as Irish homes or hotel rooms.

The company has said that the emails belong to the user and any request for them should be made through diplomatic arrangements, similar to an extradition warrant. The Irish government has told prosecutors that it would consider any requests for assistance in a criminal case under international treaties but issued a statement asserting its sovereign rights.

Prosecutors have said that "powerful government interests" override potential negative effects on Microsoft's business or any other company seeking to profit on the storage of information overseas.

"The fact remains that there exists probable cause to believe that evidence of a violation of US criminal law, affecting US residents and implicating US interests, is present in records under Microsoft's control," they said.

In April last year a lower court found that the central issue was not where the data was stored but whether Microsoft had access to it. The company appealed.

Mr Davis's extradition judgment was postponed until July 8 yesterday.


Comments


[7 Points] _kids:

Quite the precedent to set for Microsoft!


[7 Points] free-agent:

The US government can suck a mandingo dick.


[6 Points] None:

You Americans know your living in a police state or close as you can get to one.


[7 Points] None:

united states currently acting here like silk road was/is the only drug site in the world and that by getting everyone involved will stop the selling of drugs online lol


[3 Points] None:

Well they can obviously fuck off!

Will they ever move on...


[1 Points] justaniceyoungman:

Sigh...

-Anhedonia


[1 Points] ciphersexual:

Gotta admit I no longer have any hard feelings toward Libertas aka (allegedly) Gary Davis. Is he the only market admin charged to date who hasn't either seen a guilty verdict/prison or turned states' evidence?


[1 Points] hazzzzzzzzy:

They probably already have it. this is just a formality to make it legit in domestic courts. My guess is Mister softy will maybe comply too.

This --> https://www.youtube.com/watch?v=yKu3KHkqf5w


[1 Points] Dokturo:

Interesting


[1 Points] Parchmentmarkets:

Big Business telling the FBI to shove it and go home? Maybe there is hope for humanity after all...