Microsoft to the FBI: Drop Dead
Microsoft has taken some heat for what some people claim is too cozy a relationship with the NSA. But they’ve recently gotten privacy religion. The company stood up to the FBI. And they refused to turn over data about one of their customers.
This article excerpt, by Preston Gralla, originally appeared here:
http://blogs.computerworld.com/privacy/23947/microsoft-fbi-drop-dead
Microsoft successfully fought off the FBI. It was an attempt get “basic subscriber information” about one of Microsoft’s corporate customers, writes Brad Smith, General Counsel & Executive Vice President, Legal & Corporate Affairs in the the “Microsoft on the Issues” blog.
The Challenge
First, the FBI issued a National Security Letter asking for the info. And as part of the letter, they weren’t even allowed to publicly acknowledge that it received request. In fact, it wasn’t even allowed to tell the company about it. So, Microsoft challenged it in court. Because, in the words of Smith:
“We concluded that the nondisclosure provision was unlawful…It violated our Constitutional right to free expression. It did so by hindering our practice of notifying enterprise customers when we receive legal orders related to their data.”
The FBI backed off, and agreed to call back the letter. Yesterday, documents related to the case were unsealed by a federal court in Seattle. You can read them here.
Future Effect
The case involved a corporate customer using cloud-based Office 365 and cloud data. So, hat’s the future, and likely one of the reasons it fought back against the FBI. And in its petition against the FBI request, Microsoft wrote:
“As more users migrate from locally installed software and locally stored data to cloud-based computing platforms, Microsoft increasingly is entrusted to store its customers’ data safely and securely.”
Also, they note that its contract requires that it alert them when their data is being requested:
“The Contract provides that Microsoft disclose data to satisfy legal requirements. And to comply with law or respond to lawful requests by by a regulatory or judicial body, as required in a legal proceeding. The Contract also provides that unless prohibited by law, Microsoft must use commercially reasonable efforts. This is to give notice of any such disclosures in advance, or as soon as commercially reasonable after such disclosures.”
That’s why Microsoft fought the FBI request. But it has promised its customers it would tell them when a government agency was asking for information about them. And this FBI National Security Letter banned them from doing that.
Some might argue that the enterprise only did this to protect its business. But, that’s besides the point. Because for whatever reason, Microsoft stood up to the FBI and won. And that’s a good thing.
