Microsoft started to sue U.S. for the right to notify the surveillance post


Microsoft has sued the U.S. government for the right to notify its customers in the case when the government requests access to their e-mail, Reuters reported with reference to the copy of the lawsuit.

The lawsuit alleges that the ban on informing clients about government requests to access their emails and other documents violates the U.S. Constitution.

The government’s actions violate the Fourth amendment to the U.S. Constitution, which establishes the right of individuals and companies to know if the government search or seizure of their property, as well as the First amendment to the Constitution about freedom of speech, Microsoft said in a lawsuit.

It comes to storage of customer data, Microsoft on remote servers, explain to the Corporation that created for the government a loophole to gain access to their electronic data. Using the law “On protection of information transmitted via electronic communication systems” (Electronic Communications Privacy Act, ECPA), the government increasingly refers to the request of data stored on so-called cloud, says Microsoft in its lawsuit.

“People do not forfeit their human rights when moving our personal information in the cloud,” reads the lawsuit. It also notes that the government “exploited the cloud as a means of extending its authority to conduct secret investigations”.

In the lawsuit Microsoft also says that over the past 18 months, the company received more than 5 thousand requirements to disclose information. Almost half of the cases were forbidden to notify the customers themselves. The majority of requests were related to individuals and not to companies. The deadline for the ban on the ability to notice have not been agreed, Microsoft said in a lawsuit.

Comments from the U.S. Department of justice has not followed yet, according to Reuters.