Reply to post: Re: And suddenly ..

Privacy, net neutrality, security, encryption ... Europe tells Obama, US Congress to back off

Doctor Syntax Silver badge

Re: And suddenly ..

If you're so knowledgeable about this the following comment surprises me: "Thinking that Microsoft will win this is in my opinion wishful thinking. It would establish a precedent that a single company can change the law,"

This and the Enron bit have been trotted out before and it's wrong. Nobody is challenging the DoJ's right to subpoena evidence if they follow due process. The precedent that the DoJ is trying to set here is that if a company looks after the records of someone else then those records become part of the company's records. Enron's company records would have been Enron's company records wherever they were held and a decision in Microsoft's favour wouldn't change that.

There is a mechanism in place for a request to go through due process of law in Ireland. They chose not to use that and invent the theory that other people's email is part of Microsoft's coompany records. Why they did so is a good question. Was it a fishing expedition which couldn't be made to stand up in Ireland because there was no good prima facie case?

If such a precedent were set think of the possible consequences. SomeCo is acting as a safe deposit for documents establishing somebody's right to property; say the deeds of your house. SomeCo goes into receivership or whatever the equivalent is in the US. The receiver can treat the deeds as SomeCo's company records and make whatever use of them that will raise money. When it's put like that does it seem such a good precedent to set?

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon