Sunday, April 17, 2016

Personal Data: Microsoft sues the US government – ZDNet France

The American IT players have not finished with the Ministry of American Justice. After the trouble Apple against the FBI, Microsoft takes up the offensive attack and this time round the Department of Justice on the provisions that allow it to “gag” a company that obtempérerait an injunction of justice.

The Snowden revelations have largely light on the specificity of American law: the collaborating companies in the various programs of the NSA were contractually forced to remain silent about these requests. The revelations led to untie some extent languages ​​and many social and business networks have set up “transparency reports” that allow to have an idea of ​​the number of requests received by the company in question .

But Microsoft wants to inform its users and clients of lawful interception that could target their online business or documents stored in Microsoft’s cloud.
 

Specifically, Microsoft is addressing a section of the Electronic Communications Privacy Act, a text dated 1986 that is used as framework for electronic interceptions conducted by the various police services. This allows especially to force the companies concerned by this type of interception to keep the secret and prevents the undertaking to speak freely or face legal sanctions.

Microsoft is particularly noted that two thirds of applications are not fixed in time, which means according to the Redmond risk of these orders become permanent. Microsoft also said that the government carried out more than 2,600 requests for interceptions matched these injunctions to silence with his services over the last 18 months.
 

Microsoft’s legal department has filed a legal argument with the Washington court, published online by The Verge. Lawyers ask that the constitutionality of this provision be reconsidered and argue that the latter contradicts the fourth amendment of the constitution, meant to protect citizens against unreasonable search and seizure.

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