The Ibec group representing the technology sector, Technology Ireland, yesterday called on the Irish Government to apply to submit an amicus brief to the US Supreme Court, to safeguard legal framework and establish certainty for companies.  
 
This comes after a decision by the US Supreme Court to hear the case of the US Government vs. Microsoft regarding a warrant to search an email account.
 
Technology Ireland claims that the case in front of the Supreme Court is not about the importance of gathering evidence, but how this evidence should be gathered. In the normal course of events, if the US Government needs to gather evidence that is stored outside its jurisdiction, the traditional process of the Mutual Legal Assistance Treaty is followed. In this case though, the US Government is arguing that it should be allowed to circumvent this agreed mechanism - including its in built checks and balances - and unilaterally seize digital information that is stored in Ireland. 

Technology Ireland claims that should the US Government succeed in this case, companies would be put in a position of having to choose between breaking US law or breaking European law and that such a conflict is not acceptable.
 
Speaking yesterday, Director of Technology Ireland, Paul Sweetman said, "Today’s case is not about one company. It will have far reaching implications for any organisation that manages and handles data, be they US headquartered or simply have a US base. Data and data management underpin the modern economy. Companies and their customers must have predictability, certainty and a clear legal framework on how that data is both managed and safeguarded."

He added, "Given today’s decision, Technology Ireland is urging that the Irish Government apply to submit an amicus brief to the US Supreme Court. This will allow the Irish Government to present key points that protect Irish law and bring certainty to companies operating here."

Source: www.businessworld.ie