It’s no surprise that we live in a world largely permeated by technology. It influences how we live – from the developing industries to the outlets we use to communicate with each other. However, rapid increases in the use of technology, particularly the internet, raise privacy concerns. After all, the right to privacy is greatly valued by Americans.
While whistleblower Edward Snowden fixated his concerns on computer hackers, so-called Big Brother is the more relevant privacy concern today.[1] Back in 2013, the Department of Justice served Microsoft with a court order to hand over e-mail communications that the company stored outside of the United States.[2] This is similar to Apple’s face-off with the DOJ from early 2016.[3] Microsoft’s response was two-fold. First, customers trust the cloud. If customers don’t believe their communications are secure from government viewing, then that risks the use and, ultimately, the success of the cloud.[4] Second, the government requires what is known as a ‘secrecy order’ when conducting its electronic investigations. A secrecy order compels Microsoft to keep information regarding ongoing investigations secret from its customers for a certain period of time; typically one to three months.[5] This delayed notification concerned Microsoft, who feared this provided the government with a means to continue searching customer information without a specific reason.[6] The latter claim is the basis for Microsoft’s lawsuit against the DOJ.[7]
In early September, sizeable entities including Google, Amazon, and Snapchat joined Microsoft’s DOJ-resistant efforts.[8] Other civil liberty groups like The Washington Post also stand united with Microsoft.[9] The allies believe their customers “do not give up their rights [to privacy] when they move their private information from physical storage to the cloud.”[10] While Microsoft executives have agreed secrecy orders are necessary under certain conditions where government investigations cannot be compromised, the corporation retains an emphasis on the importance of privacy.[11]
[1] See Jennifer Schlesinger, Is Big Brother really watching you?, CNBC, (June 3, 2014, 9:08 AM), http://www.cnbc.com/2014/06/03/is-big-brother-really-watching-you.html.
[2] David Goldman, Microsoft is fighting the DOJ too, CNN, (Feb. 23, 2016, 6:52 PM), http://money.cnn.com/2016/02/23/technology/microsoft-ireland-case/.
[3] Mikey Campbell, DOJ confirms successful iPhone data extraction, withdraws encryption case against Apple, Apple Insider, (Mar. 28, 2016, 2:47 PM), http://appleinsider.com/articles/16/03/28/doj-to-withdraw-san-bernardino-iphone-court-action-suggests-discovery-of-successful-bypass.
[4] See Nick Wingfield, Microsoft’s Challenge to Government Secrecy Wins Dozens of Supporters, NY Times, (Sept. 2, 2016), http://www.nytimes.com/2016/09/03/technology/microsofts-challenge-to-government-secrecy-wins-dozens-of-supporters.html?ref=technology&_r=0.
[5] Wingfield, supra note 4.
[6] Id.
[7] Sarah McBride, Microsoft sues U.S. government over data requests, Reuters, (Apr. 15, 2016, 8:48 AM), http://www.reuters.com/article/us-microsoft-privacy-idUSKCN0XB22U.
[8] Wingfield, supra note 4.
[9] Id.
[10] Jose Pagliery, Microsoft sues government for secret searches, CNN, (Apr. 14, 2016, 4:08 PM), http://money.cnn.com/2016/04/14/technology/microsoft-secret-search-lawsuit/.
[11] See Wingfield, supra note 4.