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Microsoft To Drop Lawsuit After US Government Revises Data Request Rules (reuters.com)

Posted by msmash on from the big-victory dept.

An anonymous reader shares a report: Microsoft said it will drop a lawsuit against the U.S. government after the Department of Justice (DOJ) changed data request rules on alerting internet users about agencies accessing their information. The new policy limits the use of secrecy orders and calls for such orders to be issued for defined periods, Microsoft Chief Legal Officer Brad Smith said in a blog post on Monday. "As a result of the issuance of this policy, we are taking steps to dismiss our lawsuit," Smith said. The company expects the changes to end the practice of indefinite secrecy orders. Microsoft filed the lawsuit in April 2016 arguing that the U.S. government was violating the constitution by preventing the company from informing its customers about government requests for their emails and other documents.

2 of 28 comments (clear)

  1. Re:The actual link by EndlessNameless · · Score: 4, Informative

    How "binding"? Just until the next time the Attorney General decides to change it?

    I would assume so. It is possible to make rules that are difficult for a successor to remove, but it is usually impossible to make permanent changes---that requires Congress.

    If the next AG reverses course, Microsoft (or other companies) could resume their legal challenges if they wish.

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    According to the latest ruleset, this post should be modded as Vorpal Flamebait +5.
  2. Re:The actual link by grantsellis · · Score: 3, Informative
    You're unlikely to get more binding precedent if you continue the lawsuit, though. , To continue the lawsuit, you have to have some confidence that the lawsuit is not going to be held moot now that the law (albeit ephemeral law) has changed.

    Now, if the Justice Department changes it back later, they have 2 problems:

    1. The last federal judge to consider the issue said it was likely the Justice Department were going to lose. (That's what it takes to get a preliminary injunction, which is what apparently jump-started this policy change.)

    2. If Justice changes the policy again, the plaintiff will be able to make a 'recurring but evading review' argument.

    (This is not legal advice.)