Microsoft Anti-Porn Workers Sue Over PTSD (thedailybeast.com)
An anonymous reader shares with us a report from The Daily Beast: When former Microsoft employees complained of the horrific pornography and murder films they had to watch for their jobs, the software giant told them to just take more smoke breaks, a new lawsuit alleges. Members of Microsoft's Online Safety Team had "God-like" status, former employees Henry Soto and Greg Blauert allege in a lawsuit filed on Dec. 30. They "could literally view any customer's communications at any time." Specifically, they were asked to screen Microsoft users' communications for child pornography and evidence of other crimes. But Big Brother didn't offer a good health care plan, the Microsoft employees allege. After years of being made to watch the "most twisted" videos on the internet, employees said they suffered severe psychological distress, while the company allegedly refused to provide a specially trained therapist or to pay for therapy. The two former employees and their families are suing for damages from what they describe as permanent psychological injuries, for which they were denied worker's compensation. "Microsoft applies industry-leading, cutting-edge technology to help detect and classify illegal images of child abuse and exploitation that are shared by users on Microsoft Services," a Microsoft spokesperson wrote in an email. "Once verified by a specially trained employee, the company removes the image, reports it to the National Center for Missing and Exploited Children, and bans the users who shared the images from our services. We have put in place robust wellness programs to ensure the employees who handle this material have the resources and support they need." But the former employees allege neglect at Microsoft's hands.
until theres a perfect ai that wont get all fucked up from seeing this stuff, it takes a person to catch people committing these kinds of crimes and prevent them for continuing to commit or encourage other to continue to commit them
i dont see an answer to it in the short term, so just take care of the people that gotta deal with this, i suppose?
But you couldn't make me twice what I make to dig that deep into the internet. I don't want to remember half the stuff I've seen, and the majority of that was on accident.
There's plenty of sick fucks out there that would love to get paid to watch that shit.
Is this how far we've fallen? No more are we concerned with violations of an individual's privacy. Now we are more concerned with the rights of the violators.
Seriously, if you are not fit for the job, you shouldn't do. Watching such horrific video is part of the job just like cutting dead body is a job of coroner. Neither should complaint about PTSD unless it is shown that everyone doing similar job gets it. If it is specific to your personality, then you should quit the job.
I vividly remember when "rotten.com", "bme.com", "ogrish" and "The Sickest sites on the Internet" index were a new and highly appreciated kind of never known before entertainment. Sure, looking into the abyss of psychopathia every day might get boring after a while, but it still sounds better than 90% of other jobs on this planet. I guess they just hired the wrong kind of people to do that job. They should have advertised those jobs on above mentioned pages, 4chan, or the likes of it.
farm it out to prisoners...
I am slightly serious here. If you've been in front line combat, there's little that will shock you. Plus if you already have PTSD, you qualify for treatment.
OK slightly more serious, if this is what the internet has finally become, let's just torch it and start over. Without videos and twitter.
This is only a problem because the workers screening content weren't using Linux. Had they been using Linux, nobody would be suffering from PTSD due to viewing tremendous amounts of awful content. Linux is the solution to all of our technology problems, and the world just needs to figure this out.
Is this like South Park's "Sex Addiction" episode (http://southpark.cc.com/clips/267345/sex-addicts) where the only explanation for people who want to have sex with lots of women instead of maintaining monogamous relationships is a wizard alien who cast a spell on men?
There is truly some disgusting pornography that will make me gag - but if I were watching it professionally as a job, I imagine I'd get inured to it, the same way that sanitation workers, septic cleaners, etc get accustomed to the sensory unpleasantness that they are exposed to.
Since there are a LOT of nanny groups out there, and this is a unique lawsuit...I suspect that the two employees found a fetish while they were working, that it carried over to their personal life, interrupted typical marital (and boring) sex with a preference to masturbating to...Brazilian fart porn, or Japanese Elephant sex parties, or whatever it was - which in turn led to familial strife, which in turn is now leading to a lawsuit blaming watching porn for psychological trauma.
I've been in two wars fuckers. I've been shot, I've killed, I've had friends killed - I know PTSD. Complaining that you get PTSD from watching porn (even fucked up porn) is like saying that watching Saving Private Ryan entitles you to entrance to American Legion and VA benefits.
I worked as a contractor doing search engine testing for MSN Search. I had to see all sorts of terrible things. Including one day when I had to go through sites full of auto-playing videos of Nick Berg being beheaded. It was a low-paying, low-skill job that killed my computer, but I NEEDED the paycheck.
I'd take that job any day. I'm pretty sure i've seen all forms of human and animal abuse possible by now thanks to various image forums i frequent.
You cannot subject 'normal' people to the absolute worst of humanity and expect them to stay sane. You seek out the 'abnormal' who, while understanding the actions are wrong and thus are able to categorize them as such, aren't damaged by them; who disassociate those actions from the real world or who are meerly disinterested in the damaging effects of anything that isn't happening to them.
That kind of job needs a special kind of weirdo who would actively seek out an ISIS execution video or mexican drug cartel beheading out of simple curiosity and would watch it until the very end.
And if you're reading this microsoft HR team; i'm your guy, give me a call. I use windows 10 so you already know who i am, what i like, where i live, what my front room looks like and my inside leg measurement.
I worked for a company where the customer service team would screen for inappropriate material. During the interview process, prospective employees were asked point blank whether they can deal with hardcore porn, graphic death, and other crap people post. They were then asked to view some of the videos and again asked point blank whether they could deal with what they saw. For the most part, people who accepted an offer did their jobs and used it as a stepping stone to other positions. Others actually liked the job and happily looked at pics and watched videos with nary a blink. Then there were those, like in the MS lawsuit, that were shocked to discover the interviewers were serious. "Wait what!?! I didn't think you actually wanted me to look at that stuff. I WANT A SAFE SPACE!!!"
Isn't Tey out of a job? Sounds like the perfect fit.
So is Microsoft now a branch of the Justice Department? Or are they part of the FBI? Homeland Security?
..wait, what's that, they're not? Then why in the ACTUAL FUCK are they snooping through people's emails as if they were Law Enforcement!?
I don't like or want any CP being sent around or the people who are into CP being allowed to run around loose in the world, but: it is NOT the job of a private corporation, even one as fascist and authoritarian/dictatorial as Microsoft, to ENFORCE THE LAW. If they suspect someone of trafficking in CP, they should refer it to the cops, NOT INVESTIGATE IT THEMSELVES, DAMNIT!
Get the FUCK out of our private communications, you goddamned bastards!
"They "could literally view any customer's communications at any time.""
Wait. What?
As per subject - are these workers doing this stuff full time, year in, year out? In the UK, even the Police who do this are limited to two years on a team that has a responsibility to view the kind of content we're talking about here. Is this the case in companies such as Microsoft? (Note - this was told to me by a copper a few years ago, so, pinch of salt, etc!)
But they knew this was the job, right? Why would you take a job and then keep working a job that you can't stomach?
I'd be great for this job, I'm dead on the inside.
They got dinged on their Employee Review for *not* watching porn at work.
It must have been something you assimilated. . . .
> I'm mildly curious as to the nature of the law that allows the company to effectively act as law enforcement
By that you mean "look at what's on their servers"?
You can of course look at see what is on your computer. Similarly, Microsoft can look at what is on their computers.
This was well established in cases in which companies were monitoring their network and their computers, which employees were using for personal use as well as for work. Companies, including ISPs and mail providers, can for example have filters to block users from sending out spam. In this case, Microsoft has decided they don't want child porn and certain other material on their systems, and has taken steps to remove it.
Unfortunately, either policy - allowing companies to access their own systems, or not allowing them to access their systems, has problems. If users cared, standard mail clients and other GUI clients would have made GPG/PGP easier, everyone who cared would have been using encrypted email for the last 20 years and it wouldn't be an issue. For whatever reason, people don't care enough to use a GPG/PGP enabled mail client.
Some people would absolutely love to do this job.
They already have a nice list of potential candidates, too bad they sent it to the police instead of the HR department.
I've seen some pretty horrendous stuff in my time and I know quite a few technical and casual users have too. Some of us are a bit tougher and can handle this sort of a job without issue and without psychological counselling even if some of the shit out there is really really gross, disgusting, and flat out disturbing. If you can't handle seeing someone get their dick cut off, S&M, tortured, burned to death, water boarded, raped, beaten, shit on, or whatever then just maybe you shouldn't have taken that job in the first place. I'm of the opinion that everything should be encrypted end to end and such monitoring shouldn't even be possible- but if you are going to do it- or take a job that involves that you better be prepared to handle it.
Funny.... I'd have PTSD from being forced to engage in warrantless surveillance. Splitting hairs because it's "Microsoft's server, since they aren't the feds they can do anything they want" doesn't make it a good thing to do. They are effectively acting as law enforcement and assisting the feds in sidestepping the 4th amendment. The few people they catch doesn't warrant the intrusion on many people who didn't deserve it. Much like the patriot act and butthole searches at airports. Especially if they report "other crimes" which may be victimless.
THAT would give me PTSD. If I wanted to be law enforcement and "catch bad guys" I would have gotten a criminal justice degree and worked in law enforcement where there's proper checks and balances.
I cut my teeth on Benny Hill nude scenes.
This is an article I posted years ago but is still relevant (and I have taken liberty to link to the The Daily Beast article as well). Thought I would drop this here:
URL: https://www.reddit.com/r/IAmA/...
Title: [AMA Request] Moderators of the Internet whose job is to filter out illicit image uploads such as pedophilia, pornography & grotesque images
Behind Facebook, Google, Flickr, ImageShack, Thumblr, Instagram and many other well known companies offering hosting for photos is someone who has the sole responsibility of going through and moderating image uploads to filter out pedophilia, [illegal] pornography, disturbing & grotesque images, sacrificing their physiological health for the sake of many. I am sure most people even here on the internet even at a place like reddit probably never know much more than the fact that there has got to be someone doing it as algorithms and computers do have their limits. Without a doubt, a job like this most certainly must have an emotional, mental, pyschological, and social cost. There are many possible questions to ask such a person about their own lives and their job.
Below are my questions. I will add more as people contribute questions.
1. [2013/11/24 @ 0139, -6 GMT] What is your official job title?
2. How many friends do you have? Do you find it difficult to be "normal" around them? Do they know what you do for your job? How do they support you (or not)?
3. Same questions as in #2, but in regards to your immediate family rather than your friends
4. Is your job temporary/part-time/consultant-type, or official employee working full time? What kind of benefits and perks do you receive?
5. Are there any rules or regulations that are in place by the company for the sake of people who take this job position due to the nature of the job?
6. How much time do you spend rejecting/approving images? Does the system you use for performing your job show you 'all images without bias' or only show you images that algorithms picked up as possibly illicit? How often do you take breaks (or are required to)?
7. Are you required to perform any other activities or job functions beyond this (perhaps as a way of therapy)?
8. How do you get paid? How much do they pay you? Do you think they pay enough? (especially due to possible long-term consequences)
9. Maybe I have already asked this, but how do you cope with the things you have seen to keep yourself sane, normal, and contained?
10. What does it feel like emotionally and mentally? What kinds of thoughts run through your head on the job, on break, outside of job at home, amongst friends and family, etcetera?
11. If you have already moved on to another job at a different company of different functions, is this something you put down on your resume or told them about that you did as your previous job?
12. Do you feel paranoid? Do you feel like someone is watching you / someone that might be trying to corner and flag you a pedophile/pervert/sick person?
13. How did you find this job?
14. [2013/11/25 @ 1234, -6 GMT] Why did you choose this job? Did you know fully well what you were going to be doing?
15. Are married and do you have children? How do you feel around your children? How does your job affect you in this part of your life?
16. How long have you been doing this job (or have you done this for in the past)?
17. [2013/11/29 @ 0006, -6 GMT] What would you say the character/personality traits/type a person would need to have and be to make them more qualified and capable for this job than other people (possibly applying for the same job, or just in general)?
Relevant links for curious minds to get some thoughts started while waiting for someone who has done this job or presently is performing this job to pick up this AMA Request:
*
Get people with convictions for this kind of thing to do the final verification. You can't trust an individual con; but you can set it up so cons in different prisons on the other side of the country do the same job. They'll do it for pennies on the dollar and they're already psychologically damaged and probably willing to volunteer.
If that doesn't work out, at the very least there should be a law that private employees doing this job get the same kind of care FBI agents get, assuming it's good care.
You can probably reduce the stress in the workers monitoring the porn by giving them two extra breaks to work off some of the physical tension their work leads to and a private fapping room so that other workers don't have to watch them. It probably won't help much with those watching the violent videos, but then again, we all know about people who get turned on by that.
Good, inexpensive web hosting
People who don't want to work (aka liberals) simply sue corporations for their money. And then libtards wonder why those of us who live in red states, which are a net PAYER of tax dollars, voted for Trump. Fucking rediculus.
I mean, won't everyone have nightmares about shrinkage with constant exposure to these materials?
What was the source of the data that were these workers filtering? Hotmail emails? Office 365 files? Azure storage blobs? I am more interested in this story from the surveillance angle.
boggles the mind.
Surveillance, censorship, repulisive materials, just EW.
I can't even grasp it.
I used to look at the ogrish type sites when they came out.. but it seemed like 15 minutes was about all I could take before I felt bad. I don't mean sympathetic, but mentally bad. I suspect that most of these peoples time is spent rummaging through mundane things and discovering a terrible thing rarely. If it were all lined up and non stop it wouldn't take long at all to have mental trouble. Regarding people who think cartoon atrocities are the same as real, I wonder if they have viewed too much of he real thing and get a "trigger" then equate the non harmful cartoon for someone actually getting hurt.
https://www.buzzfeed.com/reyha... No lawsuit from this one, or at least none mentioned. Same lack of support, though. I don't remember if anything came of this being posted.
Slashdot your i and slashcross your t.
No, he's worried that his private sex video from his girlfriend is viewed by some snotty perv in Microsoft. And apparently he's right. Or he's worried that some business meeting on Skype is viewed by Microsoft employees, which has a name: industrial espionage.
Or he's worried that some Trumpesk figure will have his little list of people he wants to get back at, and Microsoft will do that for him. Or perhaps some politicians is being spied on to influence elections, or some scientist or some judge or or or...
About 15-20 years ago I knew a cop in large-ish city.
He'd done a several-month stint of anti-kiddie-pr0n duty. Several months was all they let you do at one time. Counseling was available to these officers and if I recall, it wasn't optional.
Being forced to look at that stuff as part of your job is hazardous and we've known it for at least a decade and a half, if not many decades.
I get PTSD from reading slashdot.
How would we ever have doctors if they went around claiming PTSD each time they see a mangled body? What about undertakers? Morgue workers? Nurses? Surgeons afraid to cut patients?
A *video* of this upsets you so much you suffer PTSD, yet doctors have to deal with it face to face? You realize a big part of the soldiers experience is the shell shock, literally the endless day to day "I get killed next" mentality. Yet watching a video you get none of that.
I doubt this video haunts your days. Once you've seen a few bikers scraped off the tarmac, and a confirmed the id of a few dead relatives at the morgue, you realize we're pretty much meat in a butchers shop.
http://www.liveleak.com/view?i=299_1320002757
I would love to get PAID to view that kind of content
Awww, the poor fat fuck baby is back to trolling and delusions again.
Thankfully when I was a BB admin I didn't see any of that. Messed up stuff that got people banned, yes, but nobody was stupid enough to post actual KP on the boards I managed.
I have a friend who worked in law enforcement in "cyber crime" though. Apparently that stuff is part of what he deals with, and you really can tell it takes a toll on a person. I doubt it's like most people imagine. Some people are so fucking depraved that normal people can't even fathom how bad they can be.
"Microsoft applies industry-leading, cutting-edge technology to help detect and classify illegal images of child abuse and exploitation."
AKA employees.
You can of course look at see what is on your computer. Similarly, Microsoft can look at what is on their computers.
Hm, what about that exception for technical companies providing "a place" for users and not being responsible what is published on their servers?
If Microsoft is policing at least some content, does it make it responsible for what gets through their filter?
They cannot claim at the same time "it is user content we are not looking" and "we are looking and we removed X or Y"
The summary is terribly written, it doesn't explain, clearly, that Microsoft was looking at material on its own servers. Read it through again, it's VERY misleading in that regard.
Pence is assassination deterrence.
The summary is terribly written, it doesn't explain, clearly, that Microsoft was looking at material on its own servers. Read it through again, it's VERY misleading in that regard.
TFS reads: "could literally view any customer's communications at any time."
Perhaps it should be clarified, since there is a significant legal difference in rifling through employee data vs. customer data. Employees sign documents and accept that usage of corporate systems and networks gives up almost all semblance of privacy. Customers expect privacy to a certain degree because laws demand it.
And unless Microsoft's hiring practices practically invite criminals and child porn addicts, I highly doubt Microsoft justified an entire team to monitor their employees in this way.
Why didn't they quit? They knew what they were hired for, then they saw what they saw and still did not quit ... and now they sue?
And MS should just have hired people from 4chan. They don't get PTSD over such stuff.
"Do-moss". It's pronounced "do-moss".
> Hm, what about that exception for technical companies providing "a place" for users and not being responsible what is published on their servers?
I'm not sure what statute you might be referring to. Are you thinking of DMCA safe harbor? DMCA is the Digital Millennium Copyright Act. Service providers aren't liable for *copyright* violations if they follow the prescribed procedure for handling complaints - and following the prescribed procedure normally involves looking at the material which is the subject of the complaint in order to match up the hosted resources with the specificity of the complaint. (Don't take the whole site down if one image is the subject of dispute.)
> Perhaps it should be clarified, since there is a significant legal difference in rifling through employee data vs. customer data.
Legally, in the US, Microsoft is rifling through their own hard drives. Note I'm not suggesting I think this should be the law, I'm stating this *is* the law, as affirmed by many courts over many years. Suppose a hacker, who is neither an employee nor a customer, put malware on the machine. How would Microsoft find malware that bad guys have hidden on their servers? Only by thoroughly looking through the whole drive. Is Microsoft allowed to look through their own servers, in order to find malware, file corruption, deduplication opportunities, or any other reason they want to look at their own equipment? Yes, under US law. There are good arguments for changing that, and there are good arguments for not changing it.
> Employees sign documents and accept that usage of corporate systems and networks
Customers agree to 20 pages of TOS too. Part of the TOS *informs* the customer that MS already has the right to examine their own equipment. Once you hand a document to a service provider, saying "please put this on your web server for me" or "please take this to Gmail, and ask them to take it to Bob", they may look at what you've handed them before they do anything else with it. That's good when bad guys hand them a malware file, asking MS to distribute it.
So your career was spying on people's private communications, and now you can't sleep at night.
Good.
No wait....
Think of the adults...
I am so confused now...
They said -- After years of being made to watch the "most twisted" videos on the internet, employees said they suffered severe psychological distress.
Ok, but who will compensate me for watching Tosh.O all those times in came on late night TV?!
> Doesn't give them any legal right to read it just because it sits on their truck
Did you mean "moral right" and accidentally typed "legal right"? The United States Postal Service is in fact authorized by law to open packages at their sole discretion. UPS and Fedex open packages - you can read about it on their web sites.
Because USPS is part of the government, they are constrained by the fourth amendment and therefore don't open first class letters without a warrant (but don't need a warrant for packages). Microsoft is not the government and is therefore not constrained by the fourth. Like Fedex and UPS, they can and do open packages customers hand them.
> while raping privacy laws
Which privacy laws would those be, exactly?
Frankly, it's very common to think about what you think the law *should* be for any situation and for some reason our brains confuse that with what the law *is*. I'm not sure why, but intelligent people tend to do that for some reason.
This is where if he had a reliable AI that could do the watching, it'd be faster *and* it wouldn't screw up the hapless people who currently have to watch it.
That said, I worry that watching snuff films and porn was why Skynet decided to nuke all the humans.
Wood Shavings!
- Godai
How is the USPS is legally allowed to open packages without a warrent? Because they say they can on their website? If they are government wouldn't that make them required to follow the law?
LOL god damn someone pissed APK off. Looks like he's taking it one step further and damn near doxing Ray. I expected to see some links but got stuck in a loop on a link back to the god damn thread we are already in.
I'm guessing Ray called out APK in the past. What I don't get is, how he feels this is HELPING his software. I'd change my name if I was APK. Open source my software and fork it under a new name lol.
"I don't shoot my mouth off without knowing what I'm talking about" - by raymorris (2726007) on Thursday December 31, 2015 @09:29AM (#51215379)
Raymorris you shoot your mouth off f'ing up in 2 security fuckups https://it.slashdot.org/comments.pl?sid=5351503&cid=47379233/ & https://slashdot.org/comments.pl?sid=5351503&cid=47374033/ + raymorris = scriptkiddie https://politics.slashdot.org/comments.pl?sid=8895203&cid=51726265/
&
Tell us how ONLY 'newer script kiddie tools' have stringlength built in (when PASCAL had it for ages - my fav tool) https://slashdot.org/comments.pl?sid=8472509&cid=51114383/ YOU BLUNDERING WANNABE!
* TRYING TO "downmod hide" this 2x too? LMAO @ U https://slashdot.org/comments.pl?sid=10107605&cid=53652073/ & https://slashdot.org/comments.pl?sid=10107605&cid=53652409/ guess you don't like being exposed as a FAKE eh? No questions asked.
How long until your sockpuppet fake accounts run out of those downmodpoints raymorris? Let's find out.
APK
P.S.=> You like to talk behind others' backs like the gossiping bitch TROLL you are raymorris https://slashdot.org/comments.pl?sid=9880997&cid=53312265/ well, here I am letting YOU TALK in those links, showing your FAILS wannabe ... apk
I dont think these people got PTSD. I happen to be friends with a neuropsych who does QME evals for California- majority like 90% of people who come in claiming a work place injury are faking it to try to get out of work. He'll start off his testing and if they exhibit signs of faking he will give it to them straight: either walk out of my office now and I will write the testing wasn't completed or, finish up and I'll write you were faking.
I just don't think humans get PTSD that easily and the condition itself is mostly non-existent- people have the diagnosis but don't have the symptoms from the DSM which sound psychotic. I bet this guy is faking like a motherfucker. Its the perfect crime. Each component of the lawsuit crafted to extract some dollar off Microsoft- it might work it might not but really all these mother fuckers saw was some kids bholes. The guy wants to make it sound bad because he knows the general public hasn't seen any kids bholes and they will think there is some kind of negative trauma from seeing it when scientifically its no different than seeing adult bholes at the most he ever got was a boner he secretly whacked off to routinely.
https://www.obamasweapon.com/
> As in the same legal protections that require a law enforcement agency to obtain a warrant
That would be the fourth amendment, which says the federal government not unreasonably search our "houses, papers, and effects". It does not say you may not search your own house, and it does not say Microsoft may not search theirs.
The 14th amendment, as interpreted, applies the 4th to state governments. Microsoft is not the government, and it's not your house - it's Microsoft's.
Learn to read. It's other way around Apk fried raymorris alive on his tech screwups and scheming to troll apk https://slashdot.org/comments.pl?sid=10107605&cid=53653901/
"I don't shoot my mouth off without knowing what I'm talking about" - by raymorris (2726007) on Thursday December 31, 2015 @09:29AM (#51215379)
Raymorris you shoot your mouth off f'ing up in 2 security fuckups https://it.slashdot.org/comments.pl?sid=5351503&cid=47379233/ & https://slashdot.org/comments.pl?sid=5351503&cid=47374033/ + raymorris = scriptkiddie https://politics.slashdot.org/comments.pl?sid=8895203&cid=51726265/
&
Tell us how ONLY 'newer script kiddie tools' have stringlength built in (when PASCAL had it for ages - my fav tool) https://slashdot.org/comments.pl?sid=8472509&cid=51114383/ YOU BLUNDERING WANNABE!
* TRYING TO "downmod hide" this 2x too? LMAO @ U https://slashdot.org/comments.pl?sid=10107605&cid=53652073/ & https://slashdot.org/comments.pl?sid=10107605&cid=53652409/ guess you don't like being exposed as a FAKE eh? No questions asked.
How long until your sockpuppet fake accounts run out of those downmodpoints raymorris? Let's find out.
Quit trying to play "jailhouse lawyer" raymorris - you FAILED that along w/ your many failed 'businesses' too!
APK
P.S.=> You like to talk behind others' backs like the gossiping bitch TROLL you are raymorris https://slashdot.org/comments.pl?sid=9880997&cid=53312265/ well, here I am letting YOU TALK in those links, showing your FAILS wannabe ... apk
Microsoft could outsource this work to the upstanding community at 4chan. They're experts in this stuff. Hell, they'd probably do it for free.
"A plan fiendishly clever in its intricacies"- Homer Simpson
> As in the same legal protections that require a law enforcement agency to obtain a warrant
That would be the fourth amendment, which says the federal government not unreasonably search our "houses, papers, and effects". It does not say you may not search your own house, and it does not say Microsoft may not search theirs.
The 14th amendment, as interpreted, applies the 4th to state governments. Microsoft is not the government, and it's not your house - it's Microsoft's.
You're right. Microsoft is not the Government. A Microsoft employee is granted no more legal authority than a member of the Geek Squad when they go rifling through "their" houses searching through *other* citizens papers and effects, as if they hold that responsibility.
That activity is specifically reserved for a member of law enforcement. Also known as a representative who *is* beholden the uphold the Rights of citizens, including the 4th, who will execute such activity only when reasonably justified.
And when anti-virus/malware systems are automated enough these days to not need human eyes searching through documents, that weak-ass SysAdmin excuse doesn't even justify a search as reasonable to warrant law enforcement involvement to begin with.
When I attempted to change the password for my Microsoft account, the process took 30 days. Microsoft is not well, at the present; they've been "invaded" by a group of psychos that're looking for something that doesn't exist.
It sounds to me like these people are trying to get a retirement plan paid for by Microsoft. It makes sense -- I'm pretty sure people saw some disturbing things -- but I doubt it rises to the level of PTSD. No one with two brain cells to rub together would share anything truly illegal over Hotmail or any of the other platforms provided by Microsoft. Everyone (should) know that free email and social networking sites will mine every single byte of data you give them, and that includes scanning it for terms of service violations.
Also, I think there's different levels of tolerance people have for disturbing stuff. A lot of people can just take it at face value and report the offenders without internalizing it. People who don't have this personality type shouldn't work in a position like this. Microsoft was dumb on two counts -- forcefully transferring employees to this group and not finding something else for them to do when they started showing signs of cracking up. Microsoft's a big company -- I highly doubt there is no wiggle room in the HR budgets to "park" people someplace until you find them a permanent spot after they don't work out on one team. It seems to me like you need to rotate people in and out of this duty to keep them somewhat mentally healthy.
I'm pretty dead on the inside in terms of being negatively affected by things I see, but I don't know if I could do this work full time. It would really depend on what they actually were looking at on a daily basis. I just don't think it rises to the level of "PTSD." Unless people are really more fragile than I think, I have a hard time believing most claims of PTSD, even in combat situations or similar. Unfortunately, unless AI becomes 100% reliable, there are going to have to be groups of people like this who do nothing but trawl through sick stuff so that other people don't have to see it.
In the Geek Squad case (which is not yet decided), the technicians were paid by the GOVERNMENT to search computers belonging to private CITIZENS. Therefore there is a fourth amendment issue.
Microsoft is not an agent of the government, so there is no fourth amendment issue.
Also, Microsoft is not searching your computer, they are searching their own computers.
Right now I'm looking on my computer to see what, if anything, you put anything on my computer. Do you think it's illegal for me to look at what's on my computer? Under what law? Do you think the fourth amendment says I can't look at my own computer? You might want to read the Bill of Rights, if that's your understanding.
Right now, Microsoft is looking on Microsoft's computer to see what, if anything, you put on Microsoft's computer. You may not like that, and you may decide to not use Microsoft's services, but there is no law against Microsoft looking at their own equipment.
But it is the law. (https://en.wikipedia.org/wiki/Comstock_laws) There was a moral panic about birth control which was considered obscene. This is before other supreme court made some ruling on free speech and these laws are still in place.
In the Geek Squad case (which is not yet decided), the technicians were paid by the GOVERNMENT to search computers belonging to private CITIZENS. Therefore there is a fourth amendment issue.
Microsoft is not an agent of the government, so there is no fourth amendment issue. Also, Microsoft is not searching your computer, they are searching their own computers.
Right now I'm looking on my computer to see what, if anything, you put anything on my computer. Do you think it's illegal for me to look at what's on my computer? Under what law? Do you think the fourth amendment says I can't look at my own computer? You might want to read the Bill of Rights, if that's your understanding.
Right now, Microsoft is looking on Microsoft's computer to see what, if anything, you put on Microsoft's computer. You may not like that, and you may decide to not use Microsoft's services, but there is no law against Microsoft looking at their own equipment.
Microsoft is not merely "looking" at their own equipment. They are executing an unreasonable search of customer data in order to find information that potentially can and will be used against you. Using a bullshit not-the-Government excuse does not magically justify that action any more than an excuse to maintain server health does. ISPs can legally indemnify themselves, so this activity isn't even justified under some kind of corporate legal mitigation either. If 3rd parties are rewarded when they discover data or provide leads, that can feed corrupt activities such as planting evidence, which is yet another reason this kind of activity should be scrutinized or banned.
And the Government attempting to outsource work in order to escape the constraints of the 4th Amendment (Best Buy case) is also unjustified, which is one of the reasons the case is under so much scrutiny. I won't be surprised if following the budget trail for the department at Microsoft leads to the same source of funding.
And we wonder why privacy advocates harp on encryption so damn much.
That activity is specifically reserved for a member of law enforcement.
How do you figure that? The 4th amendment certainly doesn't say anything about what non-governmental actors can and cannot do, so you must be getting it from somewhere else.
Have you actually read the terms of service that you agree to when you sign up for an e-mail account from Microsoft? Obviously not. Because if you did, you'd see that you agreed to let them look at pretty much anything that is sent/received/stored on any Microsoft service for the purposes of detecting and reporting: anything illegal, activity that exploits/harms/threatens to harm children, spam, anything that they (in their sole an infinite wisdom) determine to be inappropriate, engage in fraud, accessing Microsoft's or anyone else's services illegally, copyright infringement, and transmitting malware.
First off: Microsoft is not the government. They can search their own property (their servers) at any time for any reason. 4th amendment does not apply
Second: Even if Microsoft was the government (*shudder*), you gave consent for them to search your communications when you signed up. If the police show up at your house and ask "can we search your house?", if you say yes, then anything they find can be used against you...warrant or not.
Third: The indemnification you talk about only applies to copyright. Any other illegal activities that are perpetuated through their services they can be liable for if they are complacent in them happening on their services.
If you don't like Microsoft searching your e-mails for possible illegal content, don't use Microsoft's e-mail services. That is literally your only recourse. I agree with you in that i'd prefer that no one but me reads my e-mails. This is one of the many reasons why I run my own e-mail server. But Microsoft is within their rights to search your e-mails.