Microsoft launches legal action against the US government in order to have the right to prevent customers when their data are subject to a request from federal authorities.
have the Americans the right to be informed when authorities examine their data? This is the question that justice will provide a response in the coming months, since Microsoft has a complaint this week against the government for the opportunity to prevent its customers when their content it hosts on its services are probed by a federal agency.
the legal action Microsoft is in a post-Snowden context in which the vast machine monitor US has been exposed by the action of the pitcher of alert, which transmitted to the press thousands of highly confidential files between 2012 and 2013. high-tech companies, including Microsoft, have been implicated in these documents, and are now seeking to improve their image.
for the group led by Satya Nadella, Washington violates the constitution by denying the right to report to its users when they are subject to a query involving their data.
In particular, the company believes that the federal government violated the first and the fourth amendment. The first door on the right to freedom of expression, while the second involves the prohibition of unreasonable searches and seizures and fixed at the same time the provisions on search warrants based on probable cause.
in its transparency report that the firm updated every six months, the volume of requests from the United States reached several thousand customers.
for the period July to December 2015, 5297 queries over 12,355 accounts have been completed. Other statistics, however, are kept secret or intentionally vague, such as letters of national security and the decisions of the FISA court (Foreign Intelligence Surveillance Act). This information, although they already provide some evidence is insufficient to Microsoft
Washington particularly operates a legal provision called 1986 ECPA for Electronic Communications Privacy Act. Written long before the rise of the Internet to the general public, it is challenged for its age by the giants of the high-tech industry as well as by organizations defending privacy
“ L a technology has advanced dramatically since 1986, ECPA has been exceeded. The status has not undergone a major overhaul since its enactment, there are years before the arrival of the Internet , “said for example the Digital Due Process coalition in 2010. Within this coalition included the companies like Google, Facebook and Apple, as well as associations like the EFF, ACLU and Demand Progress.
“ people do not leave their rights when they transfer their private information of a physical storage [their computer, ed] to the cloud , “said Microsoft today. However, the authorities’ exploited the transition to cloud computing to expand their power to conduct secret investigations “denounces society in its complaint, cited by Reuters.
L a technology has advanced dramatically since 1986, ECPA has been exceeded
on his blog, Brad Smith, the chief legal officer within the group, says “ that over the past eighteen months, the government has required that we keep secret 2576 legal requests, therefore depriving Microsoft of the right to inform its customers of the existence of warrants or other legal process in search of their data . “
for some of these requests, Washington has not even set a deadline. “ This means that we actually have ever right to tell our customers that the authorities got their data ,” notes Brad Smith. In this case, 1752 2576 these requests are in this case. This represents more than two thirds of the solicitations. This is considerable and excessive
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