--
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
Most recent headlines
01/01/2026
Latin Grammy Cultural Foundation Announces 2026 Noel Schajris Scholarship The scholarship will cover tuition and housing for one Berklee College of Music stud...
01/01/2026
New year, new games, all with RTX 5080-powered cloud energy. GeForce NOW is kicking off 2026 by looking back at an unforgettable year of wins and wildly high fr...
31/12/2025
Back to All News
NFL Christmas Gameday on Netflix Scores Again With the Lions-V...
30/12/2025
As the College Football Playoff Enters the Quarterfinals, ESPN Blows Out Its Meg...
30/12/2025
SVG's Best of 2025: Original ArticlesTake a look back at all our coverage of big-time productions, game-changing technologies, and state-of-the-art new faci...
30/12/2025
MELBOURNE, Fla., Dec. 30, 2025 - L3Harris Technologies (NYSE: LHX) will release its fourth quarter 2025 financial results before the market opens on Thursday, J...
30/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
30/12/2025
It marked the first civilian operational authorization for a HAPS flight in Europe, led by Space42's subsidiary, Mira Aerospace
The flight demonstrated HAP...
29/12/2025
San Francisco 49ers Strike Gold With Halftime Laser SpectacularStunning display caps $200 million renovation of Levi's Stadium techBy Dan Daley, Audio Edito...
29/12/2025
The Cup's Around the Corner: An Inside Look at Broadcast Preparations for th...
29/12/2025
SVG's Best of 2025: Longform VideoWatch the standout keynote conversations, deep dives, and panel discussions from the year for free on SVG PLAY!By Brandon ...
29/12/2025
From crisper Lossless audio and immersive music videos in beta to new Audiobooks+ plans, custom transitions between tracks, and in-app Messages, we keep levelin...
29/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
27/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
26/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
26/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
25/12/2025
Holiday lights are twinkling, hot cocoa's on the stove and gamers are settling in for a well-earned break.
Whether staying in or heading on a winter getawa...
24/12/2025
What is AI good for? Posted by MTI Film on December 24, 2025
What is AI good for?
What is AI good for?
It's been three years since ChatGPT first cap...
24/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
24/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
24/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
24/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
24/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
24/12/2025
Back to All News
The Boyfriend' Season 2 Unveils Heartwarming Trailer, Key...
24/12/2025
Back to All News
Love, Fights, and Everything in Between: Badly in Love' Returns for Season 2
Entertainment
24 December 2025
GlobalJapan
Link copied t...
24/12/2025
Scripps Research study links sleep variability with sleep apnea and hypertension How consumers' digital activity trackers could enable personalized health s...
23/12/2025
How guilas Cibae as Dominican Winter League Games Are Locally Produced for Glob...
23/12/2025
BitFire's Jim Akimchuk on Supplying Scalability and Customization in the Clo...
23/12/2025
CAMB.AI Enables European Athletics to Offer Multi-Language SupportPlan is to eventually offer translation into all languages spoken in EuropeBy Ken Kerschbaumer...
23/12/2025
Analysis: As sports media values trend negative, scarcity and quality are king By Callum McCarthy, Editor-at-Large
Monday, December 22, 2025 - 14:08
Print ...
23/12/2025
ESPN, Disney, and NBA Return to the Animated Altcast Fray With Second Edition of...
23/12/2025
End the Year on a High Note and Donate to the Sports Broadcasting Fund Today!By Ken Kerschbaumer, Editorial Director
Tuesday, December 23, 2025 - 12:25 pm
P...
23/12/2025
The year is winding down, the weather outside is frightful, and it's the perfect time to escape into a story that warms the heart. For listeners looking for...
23/12/2025
A Zeus motor is hot fire tested at L3Harris' Camden, Arkansas, solid rocket ...
23/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
23/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
23/12/2025
Lightware will exhibit several major product innovations at ISE 2026, including the new USB-C BOOSTER-V1, Google Meet. integration for various Taurus UCX models...
23/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
23/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
23/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
23/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
23/12/2025
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
23/12/2025
Taking the Stage at Carnegie Hall-On a Global Scale Boston Conservatory Orchestra students reflect on their epic concert marking the 80th session of the UN Gene...
23/12/2025
Back to All News
Netflix's The Great Flood and Culinary Class Wars 2 Top Gl...
23/12/2025
Back to All News
Stranger Things By the Numbers: How the Global Phenomenon Shap...
23/12/2025
Experience the power of WO Automation for Radio's newest service, the System Effectiveness Review. Designed to help you achieve more, a System Effectiveness...
23/12/2025
23 Dec 2025
VEON's Beeline Kazakhstan and Rakuten Symphony Collaborate to A...
23/12/2025
Back to All News
How Steamy Can It Get? Single's Inferno' Season 5 Pre...
23/12/2025
Back to All News
33 Million Global Viewers on Netflix Watched Jake Paul vs. Ant...
-- 
