Apr 15, 2016 10:59:00

We can not notify customers that customer data has been accessed by compulsory investigation Microsoft sued the government that the privacy law is a constitutional violation

ByBfishadow

"For investigation, it is unconstitutional that an investigative agency acquires a search warrant for personal information and requires the service provider not to inform the customer about it," according to the government I appealed to you.

Microsoft court filingByChris Welch

Microsoft Sues Justice Department Over Secret Customer Data Searches - WSJ
http://www.wsj.com/articles/microsoft-sues-justice-department-over-secret-customer-data-searches-1460649720

Microsoft sues US government over 'unconstitutional' cloud data searches | The Verge
http://www.theverge.com/2016/4/14/11431944/microsoft-sues-justice-department-cloud-gag-orders

Microsoft told the Washington federal court on April 14, 2016, "In the cloud service such as e-mail provided by Microsoft, when the government accesses customer's data, we provide service to respect customers' right to know We have the right to notify the person to that effect "and raised an appeal against the Justice Department.

E-mail information is being investigated based on the Electronic Communications Privacy Act (ECPA: Electric Communication Privacy Act) in the United States, but since it was enacted in 1986, various inconveniences are pointed out in modern information-oriented society It was done. Among them, it is said that there is a problem from the viewpoint of privacy protection in the present society, such as being able to investigate electronic information that has passed six months without a warrant, and due to the revision of the law the investigation institution acquires warrants Was obliged.

However, if there was a problem in the investigation by notifying that the search warrant was acquired regarding the data, it was permitted to request the citizens not to notify the citizens about acquisition of the warrant. It is extremely ambiguous that the condition for mandating this citizen not to be notified is "a case where there is a reasonable reason enough to believe that it will interfere with the investigation", giving excessive authority to the investigation institution, citizen speech Microsoft's argument is that it violates the constitution as infringing the freedom of knowing and the right to know.

According to Microsoft, 5624 orders for customer data were ordered in the past 18 months, and 2576 of them ordered data submission after obliging them not to notify customers. Moreover, of them, 1752 cases have no deadline for imposing confidentiality obligation, so we say that there is a possibility that we can not notify customers permanently.

Microsoft has confirmed that there is an exceptional case in which criminal investigation becomes extremely difficult to notify customers that warrants have been acquired for investigation, but in accordance with current ECPA 2705 (b) provision, It is also easy to suspect that secret investigation is permitted and it is complaining that it is a constitutional violation.

·bonus
Microsoft is strictly working on protecting data, he said that in the past two years, he has filed a lawsuit against the US government several times. The idea of ​​Microsoft's data protection can be confirmed on the following page.

To the trusted cloud - global & amp; amp; domestic cutting edge report Microsoft On The Issues - Mscorp - Microsoft
https://www.microsoft.com/ja-jp/mscorp/legal/issues-ja_InTheCloud.aspx