Microsoft sues U.S. Justice Dept., asks court to declare secrecy orders unconstitutional
BREAKING NEWS: Microsoft is suing the U.S. Justice Department, asking a federal judge to declare unconstitutional a provision of U.S. law that lets the government keep Microsoft and other tech companies from informing users of their online services when investigators seek access to emails and other private information.
The suit, filed moments ago in U.S. District Court in Seattle, targets a provision of U.S. law known as Section 2705(b), which allows the government to seek and obtain secrecy orders preventing companies from letting their customers know when their data is the target or a federal warrant, subpoena or court order.
Microsoft says in its complaint, “This statute violates both the Fourth Amendment, which affords people and businesses the right to know if the government searches or seizes their property, and the First Amendment, which enshrines Microsoft’s rights to talk to its customers and to discuss how the government conducts its investigations—subject only to restraints narrowly tailored to serve compelling government interests.”
It adds, “People do not give up their rights when they move their private information from physical storage to the cloud. Microsoft therefore asks the Court to declare that Section 2705(b) is unconstitutional on its face.”
It’s the latest battle between the Redmond, Wash., tech company and the U.S. government over issues of consumer privacy and cloud services. It’s also the latest skirmish between the government and the tech industry, after a high-profile battle between Apple and the federal government over access to a terrorist’s iPhone.
Developing story, more to come.
