Microsoft lawsuit against indefinite gag orders can proceed

A federal judge has ruled that Microsoft can sue the US to tell customers about searches

A Microsoft lawsuit against the U.S. Department of Justice over indefinite gag orders attached to search warrants can proceed, following a federal judge’s ruling on Thursday.

The tech titan sued last year to end the government’s practice of indefinitely blocking it from informing customers of search warrants for their information. Microsoft alleged that such orders violate its First Amendment frees speech rights and the Fourth Amendment privacy rights of its users.

The Justice Department argued that Microsoft couldn’t bring either of the claims in a motion argued in front of the judge two weeks ago.

Judge James Robart from the U.S. District Court for the Western District of Washington said Microsoft’s First Amendment claims could proceed, but its Fourth Amendment claims could not.

Microsoft said that it was pleased with the ruling. The DOJ did not immediately respond to a request for comment.

“We’re pleased this ruling enables our case to move forward toward a reasonable solution that works for law enforcement and ensures secrecy is used only when necessary,” Microsoft President and Chief Legal Officer Brad Smith said in an emailed statement.

At issue in the case are gag orders allowed by a section of the Electronic Communications Privacy Act, which allows the government to indefinitely prohibit a cloud vendor like Microsoft from telling one of its users about a search warrant for their digital information.

Robart said Microsoft had standing to continue with its argument that the gag orders are an unconstitutional prohibition on its speech. However, because of legal precedent, Microsoft could not assert a Fourth Amendment claim on behalf of its users, the judge said. That decision presents a conundrum, as Robart noted in his opinion.

“As Microsoft alleges, the indefinite nondisclosure orders allowed under [the law] mean that some customers may never know that the government has obtained information in which those customers have a reasonable expectation of privacy,” he wrote.

It’s been a busy month for Robart. He issued a restraining order blocking parts of President Donald Trump’s executive order banning immigration from seven countries with large Muslim populations.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags Microsoft

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Blair Hanley Frank

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?