Microsoft’s standing to sue over secret US data requests in question

Microsoft’s lawsuit objecting to the indiscriminate use by U.S. law enforcement of orders that demand user data without the opportunity to inform the customer may run into questions about the software giant’s standing to raise the issue on behalf of its customers.

A government motion to dismiss Microsoft’s complaint comes up for oral arguments Monday and significantly the judge said on Thursday that the issue of whether Fourth Amendment rights are personal or can be “vicariously” asserted by third-parties on behalf of their customers would have to be addressed by both sides. The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizure of property.

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CIO Cloud Computing

Microsoft’s standing to sue over secret US data requests in question

Microsoft’s lawsuit objecting to the indiscriminate use by U.S. law enforcement of orders that demand user data without the opportunity to inform the customer may run into questions about the software giant’s standing to raise the issue on behalf of its customers.

A government motion to dismiss Microsoft’s complaint comes up for oral arguments Monday and significantly the judge said on Thursday that the issue of whether Fourth Amendment rights are personal or can be “vicariously” asserted by third-parties on behalf of their customers would have to be addressed by both sides. The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizure of property.

To read this article in full or to leave a comment, please click here

InfoWorld Cloud Computing

Microsoft sues US government over secret requests for user data

Microsoft has sued the U.S. government in an attempt to strike down a law allowing judges to gag tech companies when law enforcement agencies want access to their users’ data.

The lawsuit, filed Thursday in the U.S. District Court for the Western District of Washington, argues that a section of the Electronic Communications Privacy Act is unconstitutional for requiring tech companies to keep requests for data under wraps. 

Microsoft argued the law is unconstitutional under the First Amendment, by limiting the company’s freedom of speech, as well as under the Fourth Amendment’s due process protections. 

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Network World Cloud Computing