Microsoft’s Search Warrant Case
Microsoft challenged a U.S. government search warrant seeking access to customer emails in our Irish data center. On July 14, 2016, the U.S. Second Circuit Court of Appeals ruled 3-0 in favor of our challenge, a decision that helps ensure information stored in the cloud receives the same protection as physical information, paving the way for modern solutions that enhance personal rights and public safety.
Microsoft's Secrecy Order Lawsuit
On April 14, 2016, Microsoft filed a lawsuit with the U.S. District Court for the Western District of Washington in Seattle challenging the U.S. government’s use of indefinite and overly broad secrecy orders that prevent us from telling customers when the government accesses their data. While there are times when secrecy is necessary, the use of secrecy orders should be the exception, not the rule.
Foreign Intelligence Surveillance Act (FISA) Transparency Case
Microsoft, Google, and other companies filed suit in June 2013 against the U.S. government for the right to disclose more details on orders issued under the Foreign Intelligence Surveillance Act (FISA) and U.S. national security laws. In February 2014, the U.S. government approved an agreement permitting Microsoft and the other companies to publish data about orders for the first time.
Microsoft’s National Security Letter Lawsuit
Microsoft challenged a nondisclosure order attached to U.S. National Security Letter seeking information about an account belonging to an enterprise customer in late 2013. We believed the nondisclosure provision was unlawful and violated our constitutional rights. As a result of our challenge, the government withdrew the National Security Letter.
Apple Amicus Brief
In the Apple case, the U.S. Justice Department asked a magistrate to apply language in the All Writs Act that was written and passed by Congress in 1911. Rather than relying on outdated laws to resolve modern problems, Congress should seek to develop solutions needed for 21st century technology.
International Communications Privacy Act (ICPA)
The current U.S. law governing police access to data is more than 30 years old and does not reflect the modern realities of cloud computing. ICPA would make it easier for police to work with cloud-based evidence around the world while reassuring the rights of people and businesses that use technology.
U.S.-UK Data Agreement
The U.S. and UK governments have negotiated an agreement enabling their law enforcement agencies to request digital evidence across their borders more easily while guaranteeing the legal standards that protect the legal rights of their citizens. It’s time for both governments to implement the agreement and for Congress to update the legal framework for law enforcement access to data.