The New York Times reports Microsoft is suing the Justice Department for its frequent use of gag orders that prevent the company from telling users when the government has obtained a warrant to search their emails. Microsoft claims the gag order statute in the Electronic Communications Privacy Act is unconstitutional and violates both the First and Fourth Amendments. In its suit, Microsoft argues that the government has “exploited the transition to cloud computing as a means of expanding its power to conduct secret investigations.” Brad Smith, the company’s top legal advisor, said, “People should not lose their rights just because they are storing their information in the cloud.” The House Judiciary, earlier this week, unanimously passed a bill that would reform parts of the ECPA. (Registration may be required to access this story.) Editor’s Note: Smith spoke at last week’s IAPP Global Privacy Summit in Washington.
Full Story