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Microsoft Petitions US Attorney General For Permission To Disclose Data Requests

MojoKid writes "Microsoft is smarting in the wake of the Guardian's discussion of how chummy it's gotten with the NSA over the past few years, and the company wants permission to clarify its relationship with the federal government. To that end, the company has sent a follow-up letter (PDF) to the Attorney General's office, asking it to please address the petition it filed in court back on June 19. Redmond is undoubtedly cringing at the accolades being heaped on Yahoo and its repeated court battles on behalf of its users, and wants an opportunity to clear the air. But Microsoft has gone farther than simply asking the government to hurry up and rule on its petition — it has also issued a series of clarifying remarks regarding its relationship with the NSA. Microsoft refutes some of the Guardian's claims strongly. It insists it does not provide encryption keys or access to Outlook's encryption mechanisms, and that the government must petition MS to provide information via the legal process."

21 of 95 comments (clear)

  1. This is why I bought a Chromebook by kurt555gs · · Score: 5, Funny

    So Google can turn my data over to the NSA, I don't like Microsoft!

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    * Carthago Delenda Est *
    1. Re:This is why I bought a Chromebook by Nerdfest · · Score: 2

      You may want to have a look at this.

  2. Zero Day Exploits by Ozoner · · Score: 5, Insightful

    Who needs encryption keys or back doors if Redmont is handing over (and not patching) Zero Day Exploits?

    1. Re:Zero Day Exploits by NatasRevol · · Score: 2

      Why do you think it sometimes takes them forever to patch them?

      Government oversight.

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      There are two types of people in the world: Those who crave closure
  3. Damage control by silviuc · · Score: 4, Insightful

    "It insists it does not provide encryption keys or access to Outlook's encryption mechanisms, and that the government must petition MS to provide information via the legal process."

    What about when the govt. agencies get those "legal papers" that compel MS to provide access to data on Outlook, Skydrive, etc? Do they provide encryption keys then? What about SSL certs? Do they send them over to the NSA after they expire?

    And this should not be only about MS. Any company should answer these questions. I really hope this shitstorm will kill stupid usage of "the cloud" but I doubt it. People are dumb, education budgets diminish every year so there is no changing that fact.

    I guess my point is that if you need to have sensitive data in "the cloud" roll your own already. The software to do that is already available and free (gratis and libre).

    1. Re:Damage control by bleh-of-the-huns · · Score: 4, Insightful

      My guess is that they provide the data itself, not the keys to decrypt the data.

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    2. Re:Damage control by Grishnakh · · Score: 2

      And this should not be only about MS. Any company should answer these questions. I really hope this shitstorm will kill stupid usage of "the cloud" but I doubt it. People are dumb, education budgets diminish every year so there is no changing that fact.

      Education budgets in the US may diminish every year, but that probably isn't true in other industrialized countries. The real issue is that foreign governments and other customers may now decide that using Microsoft or any US-based vendor is a bad idea, thanks to NSA's spying, and they're right. There's nothing to stop the NSA from handing over important information to US companies or the US government; in effect, the NSA is an agent for espionag (industrial and otherwise). Any US-based software or cloud services vendor simply cannot be trusted, and this isn't going to be good for the US economy since IT products and services are one of the few big things continuing to prop it up.

    3. Re:Damage control by __aaltlg1547 · · Score: 3

      What about when the govt. agencies get those "legal papers" that compel MS to provide access to data on Outlook, Skydrive, etc? Do they provide encryption keys then? What about SSL certs? Do they send them over to the NSA after they expire?

      When the government, any government, comes with court orders, of course they comply. Every company does, because they are then legally required to do so. Don't pretend that situation has changed between 1789 and today. NSLs, as far as I know, have no real legal standing. I don't know what a company could do if they didn't want to comply with a NSL.

    4. Re:Damage control by SilentStaid · · Score: 4, Interesting

      I'm currently working for a fairly large 2500+ employee multi-national that regularly handles confidential information belonging to other businesses. I can safely tell you that we have scaled back all of our efforts to move things to the cloud and have actually reversed the trend by bringing more and more things in house over the past year. This orignally started with several data privacy laws enacted in the EU that made farming things out prohibitively expensive but perhaps the most interesting part of this is that since the various leaks this year, we've been getting more scrutiny from foreign companies about what we could have any hope of keeping from the government if asked.

    5. Re:Damage control by NotBorg · · Score: 2

      I like how we have to "guess" about what our government is doing.

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  4. Re:Tough Cookies by Anonymous Coward · · Score: 4, Insightful

    Yep, same here. And them there's weasel words from the clever lawyer at Microsoft anyway.

    Notice how they keep using the phrase 'We do not provide any government...'? That's 'cause the NSA uses private contractors - like Snowden - to do the dirty work. There's lots more evasive lawyer-speak there too.

    I'd trust them about as far as I could throw Ballmer. And I'm a 95 pound weakling...

  5. Skype reads your links by Anonymous Coward · · Score: 2, Informative

    Time to reexamine this:
    http://www.h-online.com/security/news/item/Skype-with-care-Microsoft-is-reading-everything-you-write-1862870.html

    "associates in Germany at heise Security have now discovered that the Microsoft...Shortly after sending HTTPS URLs over the [skype] instant messaging service, those URLs receive an unannounced visit from Microsoft HQ in Redmond."

    Microsoft claimed it was for malware checking, but it was noticeable it targeted Germany, I did a test on my skype (to UK) and received no visit. That could be the Prism interface Microsoft installed.

    The rest of the claim is simply misleading, Guardian leaks show they worked around encryption by letting NSA grab the data before it was encrypted, and that they set up a team to help NSA with further surveillance problems, neither of these claims Microsoft has disputed.

    "legal process" is meaningless. That program is clearly a violation of the 4th and thus illegal.

  6. Re:Vote with your feet by MozeeToby · · Score: 4, Insightful

    In fact, handing over data after a court battle is much, much better than doing it before. That's called due process, it's how things are supposed to work and it is a significant improvement over handing over the data just because the feds asked nicely. Now when you talking about "secret courts", that's when things get ugly again.

  7. smoke and mirrors by Charliemopps · · Score: 4, Interesting

    All these companies are feigning outrage over these "requests" they get, when in reality I doubt the requests are ever used except in cases where the government needs evidence in court. The REAL data collection is done without Microsoft/Googles direct knowledge. The NSA surely has agents working on staff at every major tech company in the world with the sole goal of installing as many NSA backdoors as possible. The idea that the NSA has no respect what-so-ever of the American peoples privacy but at the same time wouldn't just take the same sort of data from a corporation is idiotic.

    1. Re:smoke and mirrors by NotBorg · · Score: 2

      This. When they approach Google, MS, FB, asking for data, it's data that they already know is there. They're tapped into every major Internet peering node in the US and an untold number of them over seas. They likely have agents and eavesdropping devices at interesting companies like MS. They know that the data they collect is illegal so they need to manufacture chain of evidence that they can actually use. That's the only reason they send requests/warrants.

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  8. Re:Vote with your feet by Grishnakh · · Score: 3, Insightful

    How is that going to help? The NSA and US government can get any data they want from any US-based email provider, Gmail, Outlook.com, or Yahoo. The only way you'll be really safe is to run your own mail server in a foreign country, but switching from one US-based provider to another US-based provider isn't going to make a bit of difference.

  9. Re:Tough Cookies by FriendlyLurker · · Score: 5, Insightful

    Notice how they keep using the phrase 'We do not provide any government...'? That's 'cause the NSA uses private contractors - like Snowden - to do the dirty work. There's lots more evasive lawyer-speak there too.

    Your right there, if you actually read the "series of clarifying remarks" - it is all lawyer weasel words aimed to try and persuade those that are left to listen, "there is nothing to see here, we comply with the law". Seriously - trust, once lost, is going to seriously hard to earn back for all these tech companies in bed with the Military Industrial Complex. We may not be able to do much immediately to rein in an out of control surveillance state run by the private and unaccountable MIC, but we sure as hell can vote with our feet by abandoning these big tech companies services, and encouraging those less informed about this whole debacle that they should too.

    Now, just have to encourage in every way possible the development of easy to use default on encryption solutions for email (like OTR provides for chat). Also why the hell isnt slashdot offering https yet - apathy helps the sorry state of affairs continue...

  10. My question is... by mitcheli · · Score: 2
    "It insists it does not provide encryption keys or access to Outlook's encryption mechanisms, and that the government must petition MS to provide information via the legal process."

    Why the encryption process employed is susceptible to third party decryption in the first place. To avoid this from happening, the design needs to be end-to-end with the users holding the keys.

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  11. Broken trust by Taantric · · Score: 5, Insightful

    The problem with secret courts, secret executive orders and undisclosed legal reasoning is that even if Microsoft released some information as "transparency", can you really trust that they aren't holding something back or outright lying due to some other even more secret court order?

    They were completely denying and fudging the question about Skype eavesdropping right up until the Snowden leaks. Then they did a complete 180 turn.So clearly they have no problem with obfuscating the discussion, why should we trust that any new information they provide is the whole truth and not some weasel legal loophole way of interpreting the facts? Kind of like how James Clapper weaseled and outright lied through his testimony to Congress. If these people are willing to lie to Congressmen and Senators, who the fuck are you?

    I reckon Pandora's Box has been open and American technology companies will face an uphill, if not impossible, task to get anyone from the rest of the world to trust them again.

  12. Re:Even if it's true, why should I care ? by Anonymous Coward · · Score: 2, Funny

    Microsoft refutes some of the Guardian's claims strongly. It insists it does not provide encryption keys or access to Outlook's encryption mechanisms, and that the government must petition MS to provide information via the legal process."

    As a non-American, why should I give a fuck ? The NSA can simply demand access to my data in secret, legally, and also demand - again legally - that Microsoft not breathe a word about it to me, without any judicial oversight whatsoever. As far as I am concerned, no U.S. tech company (or any company that stores any of my data within U.S. jurisdiction) can be trusted, and I will vote with my wallet accordingly.

    I'm glad you think non-US companies can be trusted.

    What color is the sky on your planet?

  13. It's Simple by camperdave · · Score: 2

    It's simple. They don't have to turn over encryption keys to the NSA because that's where they got them in the first place.

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