Comment Re:It's almost sane(really) (Score 1) 502
Actually doesn't matter if your US or Foreign a subpoena is a subpoena. You must produce the evidence if it is in your control. Where the evidence is irrelevant you are within the jurisdiction you are compelled to produce it. This has been applied to physical documents. Not this is not seizing evidence it is compelling an entity to produce it.
That is all very correct.
Note that first off, this is a warrant rather than a subpoena. This was covered in depth when the magistrate ruled on it. If they are looking for specific information and the company can review it and provide the information then a subpoena is the correct tool. The police stated in both reviews that they are searching for a broad range of documents and that they want their own discretion to review all of them associated with the email address. You wrote "This is not seizing evidence it is compelling an entity to produce it". If they could have just seized a US server, they would have gladly stormed the office and taken the entire box, as is the custom with a warrant. In this case they could not seize a specific computer and they could not justify attempting to seize all of Microsoft's mail servers. A subpoena would normally be the correct implement, but that is not what the police are using. They want a huge amount of stuff rather than specific stuff, which is why they are using a warrant.
Next, you are correct about things being in your control. Microsoft Corporation is a US based company. Microsoft Ireland is a different company. It is more along the lines of an umbrella company. Much like you have Viacom as the big NASDAQ traded company, then you have Viacom International, Paramount Pictures, BET Networks, and the rest. You don't sue Viacom (the parent) when you want documents from Paramount Pictures. Viacom owns Paramount but they don't control Paramount's documents. Similarly the police are going against Microsoft Corporation in Seattle when they should have been suing Microsoft's Irish subsidiary. The US based corporation owns the Irish subsidiary, but they don't control the documents of the subsidiary.
So as has been written, they are using the wrong tool, on the wrong company, in the wrong country. There is a proper way to do things, and this is not it. Microsoft is going to win this one in the long term. The judge may understand some aspects of law, but he clearly doesn't understand corporate organization and ownership.