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Microsoft: We Offer Up User Data To Law Enforcement 2 Percent of the Time

Nerval's Lobster writes "In its second announcement of the kind, Microsoft revealed [Friday] that it received more than 37,000 requests for information on customers of its Skype, Azure and other services from law enforcement agencies around the world. The count does not include requests made using "National Security Letters" issued by the FBI or other U.S. federal agencies that have the force of a warrant or subpoena, albeit without the oversight or control provided by the courts that issue those sorts of orders. During the first six months of 2013, Microsoft received 37,196 requests that covered a total of 66,539 customer accounts. The company refused to provide any information in response to 21 percent of those requests. It provided "non-content data" in response to 77 percent of the requests – non-content data usually includes information such as names or basic subscriber information rather than information on the content of messages or other details describing online activity of those customers. In 2.19 percent of cases, however, Microsoft reports having provided "customer content data" – which includes the content of messages or data stored in accounts owned by Microsoft companies. Ninety-two percent of requests for customer content came from U.S. law-enforcement agencies."

54 comments

  1. MShafted by MrDoh! · · Score: 4, Insightful

    Amazing how they thought the Scroogled attack ads were a good idea when they're handing nearly everything over too.

    --
    Waiting for an amusing sig.
    1. Re:MShafted by Bozzio · · Score: 2

      I've only seen one Scroogled ad but it was pretty clearly nothing but a thinly veiled smear campaign/Outlook.com ad.

      BUT, how can you say "they're handing nearly everything over too?" Even the summary states they hand over very little. Much less than I had anticipated.

      --
      I just pooped your party.
    2. Re:MShafted by dmbasso · · Score: 3, Interesting

      Even the summary states they hand over very little. Much less than I had anticipated.

      If you believe them. I mean, we all should believe everything they broadcast, right? Like Mr. Clapper rubbing his forehead while saying in the congress hearing "we do not willingly collect any data on American citizens". Yeah, sure.

      --
      `echo $[0x853204FA81]|tr 0-9 ionbsdeaml`@gmail.com
    3. Re:MShafted by MrDoh! · · Score: 2

      A single request of information can include a LOT of people/time frame.

      --
      Waiting for an amusing sig.
    4. Re:MShafted by Anonymous Coward · · Score: 0

      Like Mr. Clapper rubbing his forehead while saying in the congress hearing "we do not willingly collect any data on American citizens".

      I think he said "wittingly", not "willingly".

    5. Re:MShafted by dmbasso · · Score: 1

      Indeed, I stand corrected.
      The actual statement: https://www.youtube.com/watch?v=4v7YtTnon90

      --
      `echo $[0x853204FA81]|tr 0-9 ionbsdeaml`@gmail.com
    6. Re:MShafted by chr1st1anSoldier · · Score: 2

      My comment is completely off topic. I have come across a couple of the scroogled adds. I have to say that I am not impressed by Microsoft's recent add campaigns. Watching their commercials and seeing their adds around the internet, I get the impression of a spoiled child not getting their way so they last out and throw a tantrum. Am I right or wrong in that? I don't know, but that is the impression I get from Microsoft's advertising.

    7. Re:MShafted by chr1st1anSoldier · · Score: 1

      so they last out and throw a tantrum.

      Meant to say "lash out and throw a tantrum."

    8. Re:MShafted by CrimsonAvenger · · Score: 1

      Even the summary states they hand over very little.

      Did you notice that the 2% figure is 2% of the law enforcement queries that did NOT involve National Security Letters?

      It's pretty safe to assume that the NSA uses National Security Letters for all their "requests"...

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    9. Re:MShafted by Anonymous Coward · · Score: 0

      I wonder how many of the requests were for personal/stalking purposes? And how much data was gleaned from Microsoft competitors using Windows computers?

    10. Re:MShafted by greenbird · · Score: 1

      Even the summary states they hand over very little. Much less than I had anticipated.

      FTFA:

      The count does not include requests made using "National Security Letters" issued by the FBI or other U.S. federal agencies that have the force of a warrant or subpoena, albeit without the oversight or control provided by the courts that issue those sorts of orders.

      So the report is on a subset of the requests they receive and the most regulated subset at that. The request that bypass the judicial system (and arguable the US Constitution) aren't included.

      --
      Who is John Galt?
    11. Re:MShafted by Zemran · · Score: 1

      The article does say that 92% of requests are from US sources... Nice to know who is the big brother of this planet...

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
    12. Re:MShafted by pupsocket · · Score: 1

      whose account is this? no, that's nobody. how about this? nope. this? nope too. what about this? yeah, that's the one. send everything. In 75% of cases, only non-content data was supplied.

    13. Re:MShafted by davester666 · · Score: 2

      To me it reads more as 'excludes requests where they are required to provide the data'. So they are giving out data in 2% of cases where they are not required to do so...

      --
      Sleep your way to a whiter smile...date a dentist!
    14. Re:MShafted by Anonymous Coward · · Score: 0

      I guess Google fanboyism coupled with insane hatred of everything Microsoft has mostly fused the neurons and synapses in your brain. The Scroogled attack ads claimed that Google was peeking at the contents of gmail for its own usage (i.e, targeted advertising).

      How is this in any way similar to Microsoft providing email contents to a government agency under legal obligation?

  2. Stop this artificial distinction of 'metadata' by Anonymous Coward · · Score: 5, Insightful

    What the summary actually says is that they offer up user data to law enforcement 77% of the time.

    1. Re:Stop this artificial distinction of 'metadata' by gl4ss · · Score: 4, Insightful

      what it _actually_ means is that 77% of the time law enforcement has bothered to go through the legal track and 23% of the time it's just some duud agent/officer calling MS up "hey givez data!".

      and in 2% of cases they requested content data.

      however - this is just the LEGALLY requested data - relating to just normal legal police work, like for finding address of some blackmailer and what have you. there can be no mention of the intercepts they're not allowed to talk that even happened... so that data is NOT in these stats so these stats are just smokescreen. the metadata dumps are an entirely different animal!

      --
      world was created 5 seconds before this post as it is.
    2. Re:Stop this artificial distinction of 'metadata' by Impy+the+Impiuos+Imp · · Score: 1

      It's important to point out this is not including warrant requests or those "NSA letters", both of which are legally binding, and are presumably fulfilled 100% of the time.

      This is just some police guy walking in, warrantless, and asking for info. 77% of "metadata" bullshit, and 2.2% of detailed content.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  3. Irrelevant by d33tah · · Score: 1

    And what percentage of the overall information did they actually include in the 2% of requests?

    1. Re:Irrelevant by Anonymous Coward · · Score: 0

      Of course, we had to exclude the data link that gives the NSA direct access to all of the data. That just goes without saying.

    2. Re:Irrelevant by AHuxley · · Score: 1

      That one special NSL covers everybody in the USA for the duration of the war of terror :).
      The published stats are just local law enforcement "faxing" in requests with real court warrants.
      The denied ones are just law enforcement hoping a letter head will work as court warrant and then having to go back to get a real court warrant.

      --
      Domestic spying is now "Benign Information Gathering"
  4. Note the wording. by Anonymous Coward · · Score: 3, Insightful

    I've never heard the expression "customer content data" before. It seems to exclude metadata, which is one of the major things that the NSA spectacle is about.

    Basically, given the things they cannot say anything about (even to deny), it's fairly clear that Microsoft is handing everything over to the NSA (which isn't a law-enforcement agency, you'll note) using an automated mechanism. Probably one that the NSA constructed themselves, having access to everything Microsoft has and is (also known as "full coöperation").

    1. Re:Note the wording. by AHuxley · · Score: 1

      In the Land of America where the Contractors lie.
      One Letter to surveil them all, One Letter to find them,
      One Letter to bring them all and in the black site bind them

      --
      Domestic spying is now "Benign Information Gathering"
  5. And the remaining 8%? by Nuffsaid · · Score: 1, Interesting

    "Ninety-two percent of requests for customer content came from U.S. law-enforcement agencies."

    The remaining 8% of request came from various Mafia agencies, I suppose. This raises the obvious question: did Microsoft comply with them in the same proportions as with requests coming from U.S. law-enforcement agencies?

    --
    Nuffsaid
    ________

    Don't know about his cat, but Schroedinger is definitely dead.
    1. Re:And the remaining 8%? by nojayuk · · Score: 3, Insightful

      Which part of "from law enforcement agencies around the world" did you fail to notice? American, are you?

    2. Re:And the remaining 8%? by MikeBabcock · · Score: 1

      Did you forget the part in geography where there were other countries on the planet other than the USA?

      --
      - Michael T. Babcock (Yes, I blog)
    3. Re:And the remaining 8%? by PPH · · Score: 1

      So the remaining 8% were served by the North Korean State Security Department? The law basically says "comply or else". So anyone that walks in the door with anything that looks remotely like an NSL gets data. Right?

      --
      Have gnu, will travel.
    4. Re:And the remaining 8%? by AHuxley · · Score: 1

      NGOs with law enforcement like powers?

      --
      Domestic spying is now "Benign Information Gathering"
    5. Re:And the remaining 8%? by Anonymous Coward · · Score: 0

      "Ninety-two percent of requests for customer content came from U.S. law-enforcement agencies."

      The remaining 8% of request came from various Mafia agencies, I suppose.

      Or discovery in a civil case. Say a divorce.

  6. non-content data by Anonymous Coward · · Score: 0

    wtf ? as if that is not user-data. ? This is just Microsoft new-speak so they can say they "only" offer up 2% user-data instead of the 79% it really is.

  7. "the cloud" is a bad idea by Anonymous Coward · · Score: 0

    Putting your data under someone else's control risks them disclosing that data, losing that data, or anything else they want to do. It is in effect no longer yours.

    If you want privacy, send end-to-end encrypted texts and emails. Don't store data you care about in any unencrypted form in "the cloud". If we all collectively make it easier for such abuses to happen, they WILL happen. We have to take back the internet, and that won't be done without a change of mentality.

  8. Metadata was provided in 77% of requests by guanxi · · Score: 5, Insightful

    Even Slashdot's editors don't know the value of metadata, calling it "non-content data", at least on the front page post? Click through the link and read the sub-headline: "Microsoft provided metadata in 77 percent of more than 37,000 law-enforcement requests for information".

    Your metadata is as valuable as the content. Otherwise, why would the NSA and Facebook invest so much in it?

    1. Re:Metadata was provided in 77% of requests by guanxi · · Score: 5, Informative

      From Microsoft's FAQ:

      Non-content data refers to basic subscriber information, such as the e-mail address, name, location and IP address captured at the time of registration. Below is an example of exactly what law enforcement receives when Microsoft produces basic subscriber information, using a test account registered by a Microsoft employee. Although we changed the name and are masking the extension for security reasons, all other information is exactly what Microsoft produces to law enforcement.
      Field Value
      Login First.Last@xxxxxxx.com
      PUID 0006BFFDA0FF8810
      First Name First
      Last Name Last
      State Washington
      Zip 98052
      Country US
      Timezone America/Los_Angeles
      Registered from IP 65.55.161.10
      Date Registered {Pacific} 10/24/2007 1:05:18 PM
      Gender M
      Last Login IP 64.4.1.11

      The PUID in the above table stands for âoePersonal User ID,â which is a unique alpha-numeric code generated for each registered Microsoft account. Other non-content data may include IP connection history, an Xbox Gamertag, and credit card or other billing information. We require an official, document based request, such as a subpoena, before we will consider disclosing non-content data to law enforcement.

    2. Re:Metadata was provided in 77% of requests by Anonymous Coward · · Score: 0

      Microsoft isn't hiding what it calls "non-content data" - It says right in the article what that is.

  9. NSL's by some+old+guy · · Score: 2

    A non-warrant with the force of a warrant...talk about your 4th Amendment workarounds!

    If there is enough lack of urgency to bother drafting a letter, why is there not enough time to seek a proper warrant?

    That's a rhetorical question. I think most people can infer the real answer.

    --
    Scruting the inscrutable for over 50 years.
    1. Re:NSL's by Anonymous Coward · · Score: 1

      A non-warrant with the force of a warrant

      Worse than that - it's a warrant with a gag order.

    2. Re: NSL's by Anonymous Coward · · Score: 0

      64k requests per year, $$ per request?, maybe it is a major side business for MSFT.

  10. Regardless how shameful the government is by fustakrakich · · Score: 1

    The lack of resistance is so much more so. A big chance to see if we live in a free country, and we're blowing it. What kind of reflection is that on us?

    --
    “He’s not deformed, he’s just drunk!”
  11. Should be 0% or 100% by houghi · · Score: 4, Interesting

    Where I used to work we gave 100% IF THERE WAS A COURT ORDER. Otherwise we gave nothing. There should be no exception.

    One time police officers came in asking for data and they were escorted out with the insight that we would get the data aside and IF they would be coming back within the week with a court order, we would have it ready. If later, we would have to look for it again.

    More then once have I told officials to take a hike. And this about serious crimes where I am completely willing to go the extra mile once they give me the court order.

    The issue I have is that if I would give the information without a court order, I would be guilty of breaking the law. However they are still allowed to ask for it and they do, trying to use their imaginary authority to impress some who might be more gullible.

    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:Should be 0% or 100% by zippthorne · · Score: 3, Insightful

      And if you had broken the law by giving them the data, would you subsequently have been under investigation?

      Are your choices basically,

      1. Refuse without a court order, the legally correct thing to do, earning their ire and petty retributive investigations of yourself later
      2. Give them the data when they ask, regardless of court order, opening yourself up to prosecution for that very act?
      --
      Can you be Even More Awesome?!
    2. Re:Should be 0% or 100% by houghi · · Score: 1

      No, no investigation later. If they would insist, they would need to take it by force. That would mean more then likely the end of their career.
      Perhaps this does not happen in every country in the world, but it happens in free countries, like Belgium, where I live.

      --
      Don't fight for your country, if your country does not fight for you.
  12. And I thought... by Anonymous Coward · · Score: 0

    having to file everything in triplicate was already stupid but the poor feds have to send 50 letters everytime they want a copy of MS' db. :(

  13. 2% of what? by Guppy06 · · Score: 1

    2% of requests overall get message content, or 2% of requests that specifically ask for message content?

    It'd be in Microsoft's interest to dilute the hell out of this number.

  14. 79% + all the times they cant tell us by Anonymous Coward · · Score: 0

    They give up data 79% of the time, more than 200 times per day.

    And this is just the things they are allowed to tell us.
    We still have no idea how much other data they give secretly 100% ???

  15. Offer data : 2% of the time by MrKaos · · Score: 1

    Help yourself to the data : 98% of the time

    --
    My ism, it's full of beliefs.
    1. Re:Offer data : 2% of the time by russotto · · Score: 1

      Nope. "Help yourself to the data: 100% of the time". Then dig through the data looking for something interesting. When you find it, come up with a plausible alternate and aboveboard means that you could suspect its existence, and present that to a judge for a warrant, at which point you get the data through traceable means, and use if for prosecution. That's "parallel construction".

  16. SEE! This Proves it!! by MrKaos · · Score: 1

    Microsoft are the best good guys in the world and that Linux is a horrible person that can't say developers four times in a row!

    --
    My ism, it's full of beliefs.
  17. So what is ILLEGAL? by Anonymous Coward · · Score: 0

    "however - this is just the LEGALLY requested "

    Legally? I\'m sorry that's an ambiguous word right now, please define further. Lavabit as an example. I suspect the NSA wanted enough access to spoof emails from Snowden, is that legal access?? They could spoof an email, they could 'leak' something bad to create a prosecution case for Snowden that way. Would you consider that legal?... I think we're in a weird world now where illegal means something other than 'against the laws'.

    If the laws of the land were important, General Alexander would be in prison for life right now and Clapper would be rotting in a jail. GCHQ management would be in the Tower of London.

    I basically agree with your second (main) point. MS can't tell all the times they've been forced into spying for the NSA, so they talk about the times they were 'just asked' and it's 2%. So 2% of the time they gave in to hackers ringing in pretending to be police officers. All you have to do is ask them 50 different ways and they'll give you some user data... without a court order.

  18. I totally believe it, actually by Zero__Kelvin · · Score: 1

    "Microsoft: We Offer Up User Data To Law Enforcement 2 Percent of the Time"

    The other 98% of the time Law Enforcement actually requests it first!

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  19. A simple workaround by tftp · · Score: 1

    If MS satisfies only 2% of the requests, it means that the requestor has to send them, on average, 50 copies of the same request. MS then rejects the first 49 copies and approves the last one.

    But, as other posters already said, what is MS doing by deciding which requests to satisfy? MS is not part of the justice system in the USA. They should only respond to proper, court-authorized orders, and reject all others. I cannot imagine that 98% of all requests come from rent-a-cops from the mall. So who is it that sends toothless requests, and on what authority they do it?

  20. Bullshit! by Anonymous Coward · · Score: 0

    Complete bullshit, they "forgot" to tell most important things like snoopers are still there and NSA gets 100% of the data without even requesting it. Skype was made "police friendly", so that communications are easily intercepted by LEA without any requests in many countries (USA and Russia including).

    It's not like Microsoft is evil, not only Microsoft. Interesting thing is that the most complete and capable tracking/snooping system was build not in ... the USA. Secretly. But it's capable of tracking anyone and all together without any court warrants. Designed to be easily abused so that even low ranked goblins can snoop on their girlfriends, even with no punishment when caught.

  21. XBONE Kinect - live feed by Anonymous Coward · · Score: 0

    I can hear the fapping from here, originating at NSa.... OIJSD

    FJOFIJF OISDJSIJ()#$*@)#NO CARRIER

  22. They offer... by doubletalk · · Score: 0

    .. the data, like they used to offer the heads of the enemy as a gift, on a silver plate.

    Think about it, I'm sure this is happening.