That so-called judge is at it again. U.S. District Judge James Robart, whom President Trump lambasted recently for issuing the court order that halted his temporary travel ban, has ruled that the federal government cant get out of being sued over its surveillance operations.
Last April, Microsoft sued the Department of Justice over the FBIs use of sneak-and-peak email searches and its refusal to allow the company to notify its customers that their data was under surveillance. The suit alleges that the FBI violated users Fourth Amendment right against unlawful search and seizure, as well as Microsofts First Amendment right to free speech. Robart rejected the Fourth Amendment complaint on the grounds that Microsoft couldnt sue on behalf of its customers, but said the company had made a solid enough argument on the free speech issue to send it through to trial.
"The public debate has intensified as people increasingly store their information in the cloud and on devices with significant storage capacity, Robart said in Thursdays ruling. Government surveillance aided by service providers creates unique considerations because of the vast amount of data service providers have about their customers."
In its initial suit, Microsoft said the secrecy orders often prohibit the company from ever telling customers when the FBI presents a warrant for surveillance, even if the investigation is no longer active. Of the 2,600 orders Microsoft had received, it said more than two-thirds had no fixed end date.
Microsoft has drawn wide support from the tech industry. Apple, Google and Amazon all publicly came out against the federal law that allows sneak-and-peek searches. The case highlights the growing legal complexity associated with cloud computing, big data and privacy rights. On one side, the government argues they need the searches to aid in investigations and protect citizens. On the other, privacy advocates say that the government is too liberal with its use of gag orders that prevent companies from notifying their users of the searches.
Putting an end to service providers obligatory and sometimes indefinite silence would be a significant first step toward effecting real and meaningful change in privacy laws, says Ladar Levison, founder and CEO of email service provider Lavabit. Levison has achieved hero status among privacy advocates for his refusal to help the FBI gain access to Edward Snowdens email account in 2013. When they demanded Lavabits SSL encryption key in order to get Snowdens password, Levison shut down the company rather than comply. If people only knew how extensive the governments reach was, he says, there would be a much bigger groundswell of demand for a right to privacy.
Its my belief that if the millions of people who have been placed under surveillance found out that they had been placed under surveillance, and the dubious set of circumstances that led to their lives being inspected by government agents, that this issue of privacy and surveillance would carry a lot more weight with a lot more individuals.
One of the trickiest parts of the legal process surrounding a push for privacy legislative reform is exactly what Microsoft ran into in Robarts courtroom: you cant sue on behalf of someone elses violated Fourth Amendment rights. But Levison says that even if Microsoft cant sue to keep customers data private, eliminating the gag order will be a big step.
From my perspective as a service provider, the only time were put in this position of having to defend our clients in court is when they cant defend themselves. Microsoft has to defend their customers when their customers cant defend themselves, but if Microsoft can tell them theres been this accusation made against them in regards to criminal activity, and thus is being asked to turn over their propertynotice I refer to their information as propertyit allows that individual to make a Fourth Amendment claim.
Its a busy time for privacy advocates. The U.S. House of Representatives unanimously passed the Email Privacy Act this month, reforming the Electronic Communications Privacy Act (ECPA) and requiring law enforcement agencies to obtain a warrant to access emails 180 days or more older. Also this month, a U.S. judge ordered Google to comply with search warrants seeking customer emails stored on servers outside of the United States, departing from the precedent set by a federal appeals court seven months ago in a similar case involving Microsoft. And we wont soon forget the furor surrounding the FBIs attempt to compel Apple to create a backdoor into the iPhone belonging to the terrorist responsible for the San Bernadino shooting last year.
These issues are on the cusp of being settled, and unfortunately theyll be settled for all time. How often do we debate states rights or the ability of the federal government to levy an income tax? Were on the verge of hashing out what is going to be the constitutionality and law surrounding these types of service provider requests, said Levison. These issues are deeper and more complex than most people realize.
Read the rest here:
Privacy Advocates Celebrate as Judge Rules Microsoft Can Sue the DOJ - The VAR Guy
- Open source cloud computing slow to catch on, survey finds [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Oracle CFO: no acquisitions needed to compete in cloud [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- IDC Survey: U.S. Corporations Aim to Tackle IT Challenges with Cloud Computing [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Where does the ICO's new cloud guidance take you? [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- ChinaSoft International Signs Strategic Cooperation Agreement with Alibaba Cloud Computing to Develop PaaS Platform [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- IT Leaders Forum: Shedding light on cloud computing [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Oracle Public Cloud Computing [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Oracle Cloud Computing - Video [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Cloud Computing 101 - Video [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Lenovo Gets Into Cloud Computing - Video [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Cloud Computing Certification Training | Cloud Computing Training By Simplilearn - Video [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Cloud Computing - Video [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Succeeding or Failing with Cloud Computing - Video [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Demystifying the Cloud - Video [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- N: Cloud Computing, Syria PM Defects, US to Clean Agent Orange and MORE! - Video [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Cloud Computing - Tv9 - Video [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- AWS 101 Cloud Computing Seminar-Bangalore - Video [Last Updated On: October 5th, 2012] [Originally Added On: October 5th, 2012]
- Trust - The Key to Cloud Computing Growth in Europe [Last Updated On: October 6th, 2012] [Originally Added On: October 6th, 2012]
- Cloud Computing Saves Health Care Industry Time And Money [Last Updated On: October 6th, 2012] [Originally Added On: October 6th, 2012]
- Synnex CEO Kevin Murai: Tablets, Mobile, Cloud Computing (p3) - Video [Last Updated On: October 6th, 2012] [Originally Added On: October 6th, 2012]
- Enterprise computing IS the cloud [Last Updated On: October 8th, 2012] [Originally Added On: October 8th, 2012]
- 44 Percent Of US Execs To Tackle IT Challenges Through Cloud [Last Updated On: October 8th, 2012] [Originally Added On: October 8th, 2012]
- ZapThink Announces Expansion of Cloud Computing for Architects Course [Last Updated On: October 9th, 2012] [Originally Added On: October 9th, 2012]
- Euro Zone Eyes Cloud Computing to Kick Start Economy [Last Updated On: October 9th, 2012] [Originally Added On: October 9th, 2012]
- Advantages, challenges of cloud computing discussed Oct. 10 at NJIT [Last Updated On: October 10th, 2012] [Originally Added On: October 10th, 2012]
- Dell Expands Cloud Client Computing Solutions for VMware View®, Desktop as a Service and Channel Offerings to Europe [Last Updated On: October 10th, 2012] [Originally Added On: October 10th, 2012]
- Cloud West to Focus on Entertainment Delivery, Network Infrastructure, and Investment, More at Nov. 8-9th Forum [Last Updated On: October 10th, 2012] [Originally Added On: October 10th, 2012]
- IBM, AT&T Offer Secure Passage to the Cloud [Last Updated On: October 11th, 2012] [Originally Added On: October 11th, 2012]
- Cloud computing company hits new fundraising heights [Last Updated On: October 11th, 2012] [Originally Added On: October 11th, 2012]
- Cloud computing firm hits new fundraising heights [Last Updated On: October 11th, 2012] [Originally Added On: October 11th, 2012]
- Cloud computing: here we go again [Last Updated On: October 11th, 2012] [Originally Added On: October 11th, 2012]
- Chinese Want to Put Computer 'Brains' in the Cloud [Last Updated On: October 11th, 2012] [Originally Added On: October 11th, 2012]
- CenturyLink Unveils Cloud Product [Last Updated On: October 12th, 2012] [Originally Added On: October 12th, 2012]
- Cloud Security Evolves in Wellington [Last Updated On: October 14th, 2012] [Originally Added On: October 14th, 2012]
- 2X ApplicationServer XG Joins the Intel AppUp SMB Service Hybrid Cloud [Last Updated On: October 15th, 2012] [Originally Added On: October 15th, 2012]
- Piston Cloud to Exhibit and Present at the 2012 OpenStack Summit in San Diego [Last Updated On: October 15th, 2012] [Originally Added On: October 15th, 2012]
- How to get your first cloud computing job [Last Updated On: October 15th, 2012] [Originally Added On: October 15th, 2012]
- DreamHost Adds Public Cloud Computing Service: DreamCompute [Last Updated On: October 15th, 2012] [Originally Added On: October 15th, 2012]
- Aryaka Receives 2012 Cloud Computing Excellence Award [Last Updated On: October 17th, 2012] [Originally Added On: October 17th, 2012]
- Making a Europe fit for the cloud [Last Updated On: October 17th, 2012] [Originally Added On: October 17th, 2012]
- Cisco Execs Plumb The Limits Of Cloud Computing [Last Updated On: October 17th, 2012] [Originally Added On: October 17th, 2012]
- Cloud firm invests in new network [Last Updated On: October 17th, 2012] [Originally Added On: October 17th, 2012]
- AirWatch Receives 2012 Cloud Computing Excellence Award [Last Updated On: October 17th, 2012] [Originally Added On: October 17th, 2012]
- Dell Extends Cloud Client Computing Portfolio with New Solutions Validated by Citrix [Last Updated On: October 17th, 2012] [Originally Added On: October 17th, 2012]
- Pano Logic and Alliance InfoSystems Join Forces to Deliver Zero Client Computing [Last Updated On: October 17th, 2012] [Originally Added On: October 17th, 2012]
- 5 Cloud Business Benefits [Last Updated On: October 17th, 2012] [Originally Added On: October 17th, 2012]
- Alteva Receives 2012 Cloud Computing Excellence Award [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Open Text profit beats estimates on cloud services [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Cloud computing improves nurse call system [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Cloud computing: Top five tax considerations for your business [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- OKI and ISID to Provide Chemical Information System as Cloud Computing Services [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- As Mobile Grows, So Does Cloud Computing [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- IBM Analytical Decision Management SaaS - IBM Cloud TechTalk October 2012 - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- JAX London 2012: Achieving genuine elastic multitenancy with Waratek Cloud VM for Java - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Microsoft 2020 technology future vision - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Infinity Cloud Point of Sale and Complete Retail Suite.mp4 - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Small Business IT Support, Computer Support, Web Design Atlanta - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Cloud Computing - Simplified - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- How Allied Valve Used the Cloud to Expand in Bakken Oilfield - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Cloud Computing in the Public Sector - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Cloud Computing | Sacramento | Data Protection | IT Consulting | Symmetry Managed Servces - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- The Business Value of Cloud Computing - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- GYMNAZO Owner/Coach Michael Hughes is excited about edufii - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Automation in the age of cloud computing - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Cloud Computing.mp4 - Video [Last Updated On: November 1st, 2012] [Originally Added On: November 1st, 2012]
- Cloud computing in 2013: a conversation with Appcore's CEO [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- Cloud adoption growing in India: study [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- Eastday-Microsoft picks city for cloud computing [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- Towards a blue sky: How SMEs can avoid Cloud Computing confusion [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- Consultancy Services - Video [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- Axxis Solutions Sponsors FIBA Technical Seminar on Cloud Computing - Video [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- RightScale Webinar: 451 Research Webinar: Cloud Dos and Don'ts - Video [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- Apple Technology (Vishwa Bandhu Gupta) - Video [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- Mind Tree Ltd. - Video [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- BIM Cloud Computing [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- Entreda discusses cloud services for small and medium businesses - Video [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- Austin IT Company | Computer Networking [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- Cloud Computing and Services - After Effects Template - Video [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- FieldStorm App Tour - Video [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]
- The Hon Brendan O'Connor's speech: AccountRight Live launch event - Video [Last Updated On: November 3rd, 2012] [Originally Added On: November 3rd, 2012]