• by Ray Schultz , February 27, 2018

The Supreme Court could be ready to rule against Microsoft in its email privacy case, news reports state. The court heard arguments on Tuesday afternoon, and the justices appeared to “sympathize with the government's demand that the technology giant turn over emails tied to a drug trafficking investigation,” Reuters writes.

AP adds that "it seemed likely that the court would side with the administration, which argues that investigations have been hampered by the appellate ruling."

A ruling against Microsoft would force that company and other tech companies to hand over emails and other data stored in the cloud outside the U.S. when it is sought in criminal cases. 

Microsoft has refused to release emails sought in a drug investigation because they are stored on servers in Ireland. Several justices seemed to agree with the government’s contention that these emails would be retrieved at Microsoft’s headquarters in Redmond, Washington, under U.S. jurisdiction, AP reports.  

Chief Justice John Roberts said “the statute focuses on disclosure. And disclosure takes place in Washington, not in Ireland.”

Reuters adds that Roberts and Justice Samuel Alito “indicated sympathy toward the government’s stance.” Both are conservatives. Liberal Justices Ruth Bader Ginsburg and Sonia Sotomayor questioned whether the court needs to act at all, Reuters continues.

There also appeared to be a feeling in the court that Congress should act to resolve the issue to update the Electronic Stored Communications Act of 1986 to cover email and the cloud.. A court decision is expected in June.