In a previous column, we wrote about the Securities and Exchange Commission’s authority to compel a domestic corporation to produce documents in the possession of an overseas subsidiary when doing so might run afoul of foreign laws.1 In this column, we write about a similar issue—the authority of the Department of Justice to compel a domestic corporation to produce emails stored on an overseas server.
In a recent opinion in the Southern District of New York, Magistrate Judge James Francis denied Microsoft’s motion to quash a warrant seeking emails stored in an overseas data center.2 Microsoft is challenging the judge’s opinion and the parties have further briefed the issue. Oral arguments are scheduled for July 31, 2014.
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