[Chapter-delegates] [Internet Policy] Can emails on foreign servers be subpoenaed?

[John Levine]

>Interesting...! One judge says No for Microsoft, another says Yes for
>Google:
>
>http://www.reuters.com/article/us-google-usa-warrant-idUSKBN15J0ON?il=0
>
>*Google, unlike Microsoft, must turn over foreign emails: U.S. judge*

Yeah, that's how US courts work.  The Microsoft decision was in the
2nd Circuit, which covers NY, CT, and VT.  But the Google court is
in Philadelphia which is in the 3rd Circuit.  Google's said they'll
appeal, so now we'll find out whether the 3rd agrees with the 2nd.

If they do, that's good for us, since it sets a broader precedent.
But if they disagree, that's called a circuit split and often leads to
the Supreme Court.  I wouldn't begin to guess how the Supreme Court
would rule, with or without the current nominee.

R's,
John