Microsoft sues US over demands to access user’s emails or files without consent

Microsoft is suing the government over a federal law that lets authorities examine its users' email or online files without their knowledge. It's the latest conflict between the tech industry and U.S. officials over individual privacy rights. Law enforcement officials want freedom to view a treasure trove of information — including emails, photos and financial records — that customers are storing on electronic gadgets and in so-called "cloud" computing centers. Microsoft says the U.S. Justice Department is abusing the 1986 Electronic Communications Privacy Act, which allows authorities to obtain court orders requiring it to turn over customer files stored on its servers, while in some cases prohibiting the company from notifying the customer. Microsoft says those "non-disclosure" orders violate its constitutional right to free speech, as well as its customers' protection against unreasonable searches. A Justice Department spokeswoman said the government is reviewing the lawsuit, which was filed Thursday in Seattle federal court
One former federal official was critical of Microsoft's position, saying it could lead to warning "child molesters, domestic abusers, violent criminals and terrorists that they're being investigated." The non-disclosure orders must be granted by a judge who has concluded that "notifying these individuals will have an adverse result, which could include messing up an investigation or even endangering the life or safety of individuals," said Daniel "D.J." Rosenthal, a former National Security Council and Justice Department attorney. But Microsoft argues the law sets a vague standard for granting secrecy around digital searches. Authorities are required to disclose most search warrants for information stored in filing cabinets, safes or other physical locations, the company noted in its court filing.
"At the end of the day, when you are being investigated by the government, you should know about the investigation so you can prepare a defense," said Mark Jaycox of the Electronic Frontier Foundation, a digital rights group. Microsoft said government demands under the ECPA law are increasing in number for a variety of investigations, including white-collar cases. The Redmond, Washington-based company says authorities used the law to demand customer information more than 5,600 times in the last 18 months. In nearly half those cases, a court ordered the company to keep the demand secret, the Associated Press reports.