Supreme Court won't take case of alleged USS Cole mastermind

Microsoft Email-Access Fight With US Gets Supreme Court Review

In a new step, today, it was announced that the US Supreme Court will hear the Microsoft's Irish email access case as part of a review of Microsoft's recent victory.

Now, Microsoft is gearing up for another round.

The US Supreme Court on Monday paved the way for a Guantanamo Bay detainee accused of being the mastermind of the 2000 bombing of the guided-missile destroyer USS Cole in a Yemeni port to go on trial before an American war crimes military tribunal.

"This is an important case that people around the world will watch", continued Smith.

The lower court said a 1986 law that protects the privacy of electronic communications - and carves out an exception for law enforcement needs - doesn't extend to data kept in other countries.

"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?"

Greg Nojeim, director of the Freedom, Security, and Technology Project at the Center for Democracy & Technology, agrees.

The case hinges on whether a USA warrant can compel American companies to turn over data stored on servers outside the United States. "This would create chaos". A USA congressional report stated he was subjected to the simulated drowning technique known as waterboarding at least three times as well as other "enhanced interrogation techniques" that critics call torture.

The company voiced support for the International Communications Privacy Act of 2017 (ICPA), a bill introduced this July that would provide "sensible ways for cross-border data access" - processes that are not clearly addressed by existing law.

"The current system of legal processes and global treaties are woefully out of date and ill-equipped to address the privacy and jurisdictional questions posed in this case", Information Technology and Innovation Foundation Vice President Daniel Castro said in an email statement. In asking the Supreme Court to consider the case, the Justice Department argued that "hundreds if not thousands" of investigations into terrorism and child pornography "are being or will be hampered by the government's inability to obtain electronic evidence".

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