The U.S. Supreme Court is to hear a second significant case on digital privacy. Although digital data privacy is something that is fast becoming a common issue of debate, there remains a struggle to distinguish what the boundaries are when it comes to owning it or using it.<\/p>\n
In this case, the dispute is between technology-giant Microsoft and the U.S. federal government. In 2013, U.S. prosecutors in a drug trafficking investigation obtained a warrant to search a suspect’s emails. It took the warrant to Microsoft demanding access to emails, and they put up a fight to stop access to them.
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\nThe American-based company handed over emails held in the U.S., but refused to do the same for emails stored overseas in Ireland. Microsoft argued that if U.S. law enforcement could seize digital data held abroad then other countries could do the same. They feared this could lead to a digital data “free for all” with concerns as to where this would leave a data subject.<\/p>\n
The case has made its way through the courts, stumping judges along the way.<\/strong><\/p>\n Brad Smith, Microsoft’s president and chief legal officer, posed the question: <\/p>\n “If U.S. law enforcement can obtain the emails of foreigners stored outside the United States, what’s to stop the government of another country from getting your emails even though they are located in the United States?”<\/p><\/blockquote>\n The Supreme Court will have a lot to consider, including balancing these key elements:<\/p>\n On the one hand, the argument is that prosecutors should be given access to the emails to allow them to investigate the case properly and effectively with the use of digital data as evidence. At the same time, should some other country be able to access confidential files in foreign countries in the name of their own laws, how are the data subjects protected?<\/p>\n\n