Microsoft v. Department of Justice
Microsoft sued the Department of Justice (DOJ) in April 2016 challenging portions of the Electronic Communications Privacy Act (ECPA) that allow the government to serve a warrant on the company to get access to customers’ emails and other information stored on remote servers—all without telling users their data is being searched or seized. The lawsuit seeks to strike down the ECPA provisions, which were enacted 30 years ago, long before the emergence of ubiquitous cloud computing that now plays a vital role in the storage of private communications. The government has used the transition to cloud computing as an opening to conduct secret electronic investigations by serving search warrants on Internet service providers seeking users’ emails, the lawsuit says. Account holders don't know their data is being accessed because of the unconstitutional ECPA provisions, while service providers like Microsoft are gagged from telling customers about the searches.
EFF filed an amicus brief in the case saying the government is violating the U.S. Constitution when it fails to notify people that it has accessed or examined their private communications stored by Internet providers in the cloud.
Updates
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The Department of Justice is making significant changes to its policy for seeking gag orders under Section 2705 of the Stored Communications Act. These orders routinely accompany search warrants, subpoenas, and other requests to service providers and prevent the companies from notifying users that their information has been obtained...
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In May, Montana adopted a new statute that limits government access to the contents of electronic communications stored by service providers. EFF applauds this new privacy safeguard. We thank the Governor for cutting two flawed terms concerning the level of judicial review and records stored abroad, as we requested...
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In a newly unsealed case [.pdf], a Los Angeles federal court ruled that Adobe could not be indefinitely gagged about a search warrant ordering it to turn over the contents of a customer account.
This is important work by Adobe. Gag orders almost always violate the First Amendment;...
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Last week, a federal court in Seattle issued a ruling in Microsoft’s ongoing challenge to the law that lets courts impose indefinite gag orders on Internet companies when they receive requests for information about their customers. Judge James Robart—he of recent Washington v. Trump fame—allowed Microsoft’s claim that...
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