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Microsoft Can't Shield User Data From Government, Says Government (bloomberg.com)

Posted by EditorDavid on from the Big-Brother-is-watching-you dept.

Microsoft is now arguing in court that their customers have a right to know when the government is reading their e-mail. But "The U.S. said federal law allows it to obtain electronic communications without a warrant or without disclosure of a specific warrant if it would endanger an individual or an investigation," according to Bloomberg. An anonymous reader quotes their report: The software giant's lawsuit alleging that customers have a constitutional right to know if the government has searched or seized their property should be thrown out, the government said in a court filing... The U.S. says there's no legal basis for the government to be required to tell Microsoft customers when it intercepts their e-mail... The Justice Department's reply Friday underscores the government's willingness to fight back against tech companies it sees obstructing national security and law enforcement investigations...

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, cases the company can never tell customers about, even after an investigation is completed.

6 of 193 comments (clear)

  1. Next: All orders will be secrecy orders by JcMorin · · Score: 5, Insightful

    I'm pretty sure the government in going into the direction of using only secrecy orders ALL THE TIME. Easier, no complain, no report, no end date... why using the "normal" process anyway?

    1. Re:Next: All orders will be secrecy orders by jellomizer · · Score: 4, Insightful

      The problem also extends that there is no consistent political representation on the issue. Democrats and Republicans are equally bad at this, and are too afraid to stand up and say. "American Rights are more important than American security." Especially as the suffering from our Rights being taken away is not showing any real benefit of security gains.

      If you are going to do something that you don't want to get caught, technology will allow you to do this, and there isn't anything that Microsoft, Google, Apple or the Government can do it stop it. However we need to be Brave enough to stick up to our rights and say, I am willing to accept less security to insure my Rights are valued.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:Next: All orders will be secrecy orders by CrimsonAvenger · · Score: 4, Insightful

      Democrats and Republicans are equally bad at this, and are too afraid to stand up and say. "American Rights are more important than American security."

      Fear has nothing to do with it. They're the Rulers, and they like it that way. Keeping the peasants from getting uppity is a good thing as far as any of them are concerned.

      Remember, the more power you give a government, the more attractive it is to people who like to tell other people what to do....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    3. Re:Next: All orders will be secrecy orders by myowntrueself · · Score: 4, Interesting

      I'm pretty sure the government in going into the direction of using only secrecy orders ALL THE TIME. Easier, no complain, no report, no end date... why using the "normal" process anyway?

      Whats going to end up happening is that all the tech companies that are currently headquartered in the USA will move offshore. They will move all management staff offshore as well; they may have some contractors still in the USA but no high level employee will be in the USA, so there will be no one to whom a national security letter can be delivered. This would render this method of demanding secret access effectively neutered.

      --
      In the free world the media isn't government run; the government is media run.
  2. Re:So, why? by tsqr · · Score: 5, Insightful

    Why doesn't someone sue the government over this? They are circumventing Constitutional rights with this type of behavior but until it gets before the SCOTUS nothing will change.

    Probably because the people whose rights are being violated, don't have any specific knowledge that their rights have been violated. The people who know other peoples' rights are being violated (Microsoft in this example) aren't having their own rights violated. Thus, nobody has standing to sue.

  3. Canary by Peter+Mork · · Score: 4, Insightful

    Sounds like Microsoft needs to start sending weekly messages to people letting them know that their data haven't been accessed by the government.