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We'll drag Microsoft in front of Supremes over Irish email spat – DoJ

tom dial Silver badge

The hypothetical case setup was specified in such a way that the operators in the foreign jurisdiction are not able to assist, for instance because the data are encrypted using a key they do not possess. The courts in that jurisdiction might have the authority to order those under their jurisdiction to comply, but they do not have the power, and they do not have the authority to order the US based operators, who have the power to comply, to do so. US courts, under the second circuit's reasoning, do not have the authority to demand that the US operators, who are able to produce the required data, to do so. The MLATs, and the related and supporting laws, likely need to be refined to cover process in such cases; if not, it seems quite likely that such services will be offered if they have not been already.

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