Microsoft calls on congress to support its campaign against the US Department of Justice
Microsoft's legal boss Brad Smith says American lawmakers are undermining international privacy rights
Microsoft's chief legal officer Brad Smith has called on the US Supreme Court to take its side in a bitter legal battle with the US Department of Justice.
Since 2013, the tech firm has been at loggerheads with American lawmakers who issued the firm with a search warrant to hand over emails linked to a drug trafficking investigation.
The Department of Justice officials believe that they have the right to compel American tech firms to give them access to data stored overseas to help solve legal cases.
But Microsoft has long argued that this is an abuse of power, and now the case has made its way to the Supreme Court. A verdict is expected by the end of June.
Smith said the firm will not give in to the department's demands. In a blog post, he said the case is crucial "for privacy rights around the world, for international relations, and for building trust in the technology we all rely on every day".
Over the next few months, Smith said Microsoft will make a string of "compelling arguments" before nine Supreme Court judges. He is confident that the firm can win the case.
However, he called on Congress to do more to support internet privacy. "But while attention today will focus on the Supreme Court, we believe the most important work should take place in the Capitol building across the street, by the U.S. Congress," he said.
Microsoft's legal boss argued that the US Government should be working with Irish officials, but instead he said it is ignoring foreign laws.
"While we don't believe that U.S. law grants the Government the right to reach across borders to obtain private information, we do believe that the U.S. should work with the Irish government to obtain the data they want," explained Smith.
"Unilateral actions like this will undermine privacy protections of customers everywhere, and are a recipe for international tensions, conflict and chaos."
He said lawmakers are relying on outdated laws. "We can't rely on laws written three decades ago, before the internet as we know it was invented," said Smith.
"Ultimately the courts - including the Supreme Court - can decide only whether the Department of Justice's approach passes muster under current law.
"The courts are not able to write a new law. Under the U.S. Constitution, only Congress can do that, using its tools to craft a nuanced solution that balances all the competing concerns by enacting a statute for the 21st century."
Smith noted some positive change: "The good news is that there is strong momentum for a legislative solution. Earlier this month the CLOUD Act was introduced in Congress.
"It has bi-partisan support in both houses of Congress, as well as support from the Department of Justice, the White House, the National ments and we're grateful for the breadth and depth of the support we've received in the case."
He reiterated that the company has supporters right around the world. "In January, 289 different groups and individuals from 37 countries signed 23 different legal briefs supporting Microsoft's position that Congress never gave U.S. law enforcement the power to ignore treaties and breach Ireland's sovereignty," concluded the legal executive.