--
Microsoft wins pivotal privacy case --
Mon, 13 Feb 2017 10:51
--
Microsoft persuaded a judge not to let the US government out of a lawsuit alleging the company s free-speech rights are violated by a law that blocks it from alerting users to the clandestine interception of their e-mails.
The judge said Microsoft has at least made a plausible argument that federal law muzzles its right to speak about government investigations, while not ruling on the merits of the case.
The public debate has intensified as people increasingly store their information in the cloud and on devices with significant storage capacity, US district judge James Robart in Seattle said in Thursday s ruling. Government surveillance aided by service providers creates unique considerations because of the vast amount of data service providers have about their customers.
Robart rejected the tech giant s argument that the so-called sneak-and-peek searches amount to an unlawful search and seizure of property. Former US attorney-general Loretta Lynch had argued that federal law allows the justice department to obtain electronic communications without disclosure of a specific warrant if it would endanger an individual or an investigation.
Robart, a 2004 appointee of Republican President George W Bush, has already riled President Donald Trump this month by halting a temporary ban on visitors, immigrants and refugees from seven mostly Muslim countries. Trump labelled Robart a so-called judge and called his ruling in that case ridiculous .
Microsoft sued the government in April, escalating a feud with the US over customer privacy and the company s ability to disclose what it s asked to turn over to investigators.
Redmond, Washington-based Microsoft drew support in the case from tech leaders including Apple, Google and Amazon.com, which argued the very future of mobile and cloud computing is at stake if customers can t trust that their data will remain private. They said the federal law allowing the searches goes far beyond any necessary limits and infringes users fundamental rights.
We re pleased this ruling enables our case to move forward toward a reasonable solution that works for law enforcement and ensures secrecy is used only when necessary, Brad Smith, Microsoft s chief legal officer, said in a statement.
A justice department spokeswoman declined to comment on the ruling while the department reviews it.
The department and Lynch defended the searches, saying they need digital tools to help fight increasingly sophisticated criminals and terrorists who are savvy at using technology to communicate and hide their tracks.
In the portion of Thursday s ruling that sided with the government, the judge said he could not reconcile the company s attempt to assert the Fourth Amendment protection against invasive searches on behalf of its customers with earlier court decisions. Other courts have found that such rights can only be asserted by individuals, and not vicariously by third parties, he said.
Still, Robart recognised that the law used by the government to block Microsoft from informing users about searches means customers whose accounts have been accessed by the government may never know of the search.
Secrecy orders on government warrants for access to private e-mail accounts generally prohibit Microsoft from telling customers about the requests for lengthy or even unlimited periods, the company said when it sued. At the time, federal courts had issued almost 2 600 secrecy orders to Microsoft alone, and more than two-thirds had no fixed end date. In those cases, the company can never tell customers about government searches, even after an investigation is completed.
The industry s push against government intrusion into their customers private information began in the wake of Edward Snowden s 2013 disclosures about covert data collection that put Internet companies on the defensive.
Microsoft concedes that there may be times when the government is justified in seeking a gag order to prevent customers under investigation from tampering with evidence or harming another person. Still, the company contends the statute authorising the gag orders is too broad and sets too low of a standard for secrecy.
By Kartikay Mehrotra.
(c) 2017 Bloomberg LP
Source: Tech Central
Related Articles
-- --
-- --
-- Please enable JavaScript to view the comments powered by Disqus. comments powered by Disqus
Africa Stories
25/04/2024
Tonight on Smoke and Mirrors: Caesar comes looking for Thandiswa at Nomeva's...
25/04/2024
Tonight on House of Zwide: A furious Bra Zakes unleashes his anger on SphamandlaDon't miss Thursday, 25 April's riveting episode of South African soapie...
25/04/2024
Prison Journalism: Understanding recidivism in South African prisonsDean Mashimbwe, a Zimbabwean migrant residing in Cape Town, was incarcerated at Pollsmoor Co...
25/04/2024
Prison Journalism: A glimpse inside Barberton PrisonJean-Pierre Le-Roux is a divorced father of two beautiful children. He was incarcerated for 20 months for po...
25/04/2024
Riverside Studios presents world premiere of MOFFIE' stage play MOFFIE delves into toxic masculinity and trauma in post-apartheid South Africa, reflecting...
25/04/2024
Tonight on Skeem Saam: Kobus assigns Pretty a big caseDon't miss Thuresday, 25 April's riveting episode of South African soapie Skeem Saam on SABC 1 on ...
24/04/2024
Tonight on Skeem Saam: Someone makes the call to have Lehasa killedDon't miss Wednesday, 24 April's riveting episode of South African soapie Skeem Saam ...
24/04/2024
Tonight on House of Zwide: Sphamandla and his goons force Keletso into their car...
24/04/2024
Tonight on Scandal: A man smiles in the face of his friend while he deceives himDon't miss Wednesday, 24 April's riveting episode of South African soapi...
24/04/2024
Endearing character from The Simpsons' is killed off' after 35 years, ...
24/04/2024
Tonight on Smoke and Mirrors: Caesar continues to ask questions about ThandiswaDon't miss Wednesday, 24 April's riveting episode of South African soapie...
24/04/2024
Skeem Saam: Tuesday's episode, 23 April 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African so...
24/04/2024
Endearing Simpsons character killed off' after 35 years, fans in shockAn often-seen yet seldom-discussed character from the popular show The Simpsons drops...
23/04/2024
Tonight on Skeem Saam: Pretty is shocked by what she finds out about LehasaDon't miss Tuesday, 23 April's riveting episode of South African soapie Skeem...
23/04/2024
Tonight on House of Zwide: Bra Zakes asks Isaac to hold off going to the cops un...
23/04/2024
Skeem Saam: Monday's episode, 22 April 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African soa...
23/04/2024
Skeem Saam' May Spoiler: Inside Mr Kgomo, Eunice's romance? Skeem Saam' May teasers reveal that Melita will be jealous of Mr Kgomo and Eunice's ...
23/04/2024
Tonight on Scandal: Dintle takes a huge risk on her quest to save her daughterDon't miss Tuesday, 23 April's riveting episode of South African soapie Sc...
22/04/2024
WATCH: Artists covering their favourite classicsArtists often watch other performers to get some of their inspiration. Check out some of these classic famous so...
22/04/2024
WATCH: Queen of hip-hop Lil2Hood thanks ParisProducer and DJ Lil2Hood (Flash.Wrldwide) has proved that she's a queen of modern hip-hop. Lil2Hood thanked Par...
22/04/2024
Tonight on House of Zwide: Funani informs Isaac about Nkosi seeing his hijacker ...
22/04/2024
Tonight on Scandal: The carpet is pulled out from under NhlamuloDon't miss Monday, 22 April's riveting episode of South African soapie Scandal! on e.tv ...
22/04/2024
LGBTQ writers asked to submit their storiesWriters have been asked to submit their short stories (up to 20, 000 words) for an upcoming anthology called Just LG...
22/04/2024
[Watch] Queen of hip-hop Lil2Hood thanks ParisProducer and DJ Lil2Hood (Flash.Wrldwide) has proved that she's a queen of modern hip-hop. Lil2Hood thanked Pa...
22/04/2024
Isaac Mutant: HemelBesem gave me R2, 500'Cape town rapper Isaac Mutant claims he was paid less than everyone else's fee for the use of his music in Sho...
22/04/2024
Afrikaans (free) television shows you can STILL watchAfrikaans television shows are making a comeback through AfriForumTV. However, not everyone wants to see sh...
22/04/2024
Tonight on Smoke and Mirrors: Virginia learns Sonto and Sakhile slept togetherDon't miss Monday, 22 April's riveting episode of South African soapie Smo...
22/04/2024
Tonight on Skeem Saam: Kgosi reveals the details of what he witnessed Lehasa doi...
21/04/2024
Gqeberha: The Empire' loses more viewers on DStvTshedza Pictures' isiXhosa telenovela Gqeberha: The Empire' lost more viewers in March and was plac...
21/04/2024
Youngins' fans praise actor Thabiso Ramotshela as MahlatseSouth Africans praise former The River' actor Thabiso Ramotshela, who plays Mahlatse in Showm...
20/04/2024
Skeem Saam: Friday's episode, 19 April 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African soa...
19/04/2024
Tonight on Smoke and Mirrors: Thandiswa panics when she learns of possible evide...
19/04/2024
Tonight on Skeem Saam: Khwezi stares death in the faceDon't miss Friday, 19 April's riveting episode of South African soapie Skeem Saam on SABC 1 on DSt...
19/04/2024
Tonight on House of Zwide: Faith refuses to talk to Zola and to discuss the matt...
19/04/2024
Skeem Saam: Thursday's episode, 18 April 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African s...
19/04/2024
Prison Journalism: Tragic story of Jerry's life and crimesDavid van Nek was incarcerated in Pollsmoor Prison from 2013 until 2015 and participated in the re...
19/04/2024
House of Zwide' Spoiler: Soka dates Mampho and OnaThe House of Zwide' May teasers reveal that Soka will date both Ona and Mampho and get caught. Will h...
19/04/2024
Beer: Seven celebrities talk about their loveBeer is one of the world's most popular beverages. We asked several celebrities about their favourite brews or ...
19/04/2024
Tonight on Scandal: Tlhogi cannot believe what she hears from TapsDon't miss Friday, 19 April's riveting episode of South African soapie Scandal! on e.t...
18/04/2024
Tonight on Smoke and Mirrors: Caesar almost finds Thandiswa with the bloody wedd...
18/04/2024
Taylor Swift's The Tortured Poets Department' set to drop on FRIDAYTaylor Swift will release her highly anticipated record The Tortured Poets Departme...
18/04/2024
Tonight on Skeem Saam: Lehasa puts his plan to eliminate Khwezi in motionDon't miss Thursday, 18 April's riveting episode of South African soapie Skeem ...
18/04/2024
Prison Journalism: April's experiences of black boudoirThabo Mthembu was incarcerated in Pollsmoor Prison from 2014 to 2019. Read Thabo's story
by Tha...
18/04/2024
Prison Journalism: Can gangsterism and violence be reduced in prison?Dean Mashimbwe, a Zimbabwean migrant residing in Cape Town, was incarcerated at Pollsmoor C...
18/04/2024
Software-making music: How DJs are doing itSoftware plays a big part in music production, recording, and performances. Here's what DJs are using, and how yo...
18/04/2024
Tonight on House of Zwide: Zanele later blindsides an unwitting Faith into meeti...
18/04/2024
Debut author stuns with international bestselling thriller Anna O'Matthew Blake burst onto the book scene with his bestseller Anna O', a deliciously d...
18/04/2024
Skeem Saam: Wednesday's episode, 17 April 2024 [video]Missed an episode of Skeem Saam? No problem! Watch the latest episode of your favourite South African ...
18/04/2024
Watch: Trailers for the best Afrikaans movies ever madeDon't know what to watch? Here are some of the best Afrikaans movie trailers ever made, including Too...
-- 
