They're Reading Your Mail: Microsoft's ToS, Windows 8 Leak, and Snooping

After the recent Windows 8 leak by recently arrrested then-Microsoft employee Alex Kibkalo, Microsoft has tweaked its privacy policies, but also defended reading the email of the French blogger to whom Kibkalo sent the software. "The blogger in question, who remains unidentified, happened to use Hotmail—the investigation began in 2012 before Hotmail's Outlook.com transition—as his primary email account. So as part of its investigation, Microsoft peeked into the blogger's email account to read that person's correspondence with Kibkalo. ... Microsoft says it was justified in searching the blogger's email account, because it had probable cause to believe Kibkalo was funneling trade secrets to the blogger.The company also pointed out that even with its justification for searching the account, it would have been impossible to gain a court order." "The legal system wouldn't have let us" seems a strange argument to defend any act of snooping.

Comments

Bad summary

[whoever57]

Much as I hate to defend Microsoft, the summary mischaracterises Microsoft's statement. Microsoft is saying that it already had the right to search the mailbox, so a court would not have issued an order. It's like asking a court for permission to search your own house. The court won't issue an order, but that doesn't mean that it would be illegal to do the search.

I don't know if Microsoft is right in its claim that it would not have been able to get a court order, but let's get the facts straight when criticising Microsoft.

Re: Bad summary

[Anonymous Brave Guy]

A landlord can go into your apartment without your permission also.

Not in my country, he can't, other than under quite strictly defined conditions such as to effect repairs in an emergency.

What you say might be true in the US, but Europe typically has stronger privacy safeguards.

Re: Bad summary

[sjames]

But he absolutely cannot open your mailbox or paw through your personal papers. Generally, landlords who enter without permission are limited to actions necessary to protect the property from damage (fire, leaking pipe, etc).

Re: Bad summary

[Zontar The Mindless]

Intruder is saying he already had the right to break into the house. No need to ask for permission.

That's right. He owns the house. And guess what. A landlord can go into your apartment without your permission also.

That's not quite how it has worked in in my experience as a renter in the US, Australia, and Sweden.

Re:According to Arrington, Google reads it too

[K. S. Kyosuke]

Wow, you suck at reading comprehension.