Habeas Data by Cyrus Farivar

Author:Cyrus Farivar
Language: eng
Format: epub, azw3
Publisher: Melville House
Published: 2018-05-08T04:00:00+00:00

has required that we maintain secrecy regarding 2,576 legal demands, effectively silencing Microsoft from speaking to customers about warrants or other legal process seeking their data. Notably and even surprisingly, 1,752 of these secrecy orders, or 68 percent of the total, contained no fixed end date at all. This means that we effectively are prohibited forever from telling our customers that the government has obtained their data.

For its part, the government asked the judge to dismiss the entire case, largely on the grounds that Microsoft lacked standing—it could not prove that it was harmed by the fact that it could not discuss the SCA orders with its customers. In February 2017, the judge dropped the Fourth Amendment question, but allowed the First Amendment claim to stand. However, in October 2017, the DOJ changed its policy, allowing companies to notify customers of such a data handover in most cases; Microsoft dropped the case.

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