The Federal Governments Attempt to Force Microsoft to Violate Irish Territoriality

Abstract

Questions of data residence have taken on new significance in an era of cloud computing, when data can reside in any location, and indeed can reside in different locations at different times. Microsoft and the Department of Justice are litigating over whether or not Microsoft is obligated to turn over data that does not reside in the US in response to a warrant from a US court. The issues in the case have significance beyond the individual case, and require a comprehensive reexamination of data sovereignty and territoriality. Moreover, this is a weak case, and the Department of Justice should not pursue it further for a variety of reasons.