Microsoft to Stop Inspecting Private Emails in Investigations
Microsoft to Stop Inspecting Private Emails in
Investigations
By NICK WINGFIELD
MARCH 28, 2014, 5:37 PM
SEATTLE — Microsoft will no longer snoop on customers’
private communications during investigations of stolen property, the company’s
general counsel said on Friday.
Instead, the general counsel, Brad Smith, said Microsoft
would hand over any such investigations to law enforcement agencies. Those
agencies can then obtain court orders to inspect private communications on
Microsoft’s various Internet services, which include Outlook.com and Skype.
The change came a week after Microsoft faced an uproar
over the methods it used in 2012 to investigate the suspected leak of software
code by a former employee. An important break in that inquiry, which was
conducted by an internal team at Microsoft, came when Microsoft read the
private Hotmail emails and instant messages by an unnamed French blogger, which
led it to the former Microsoft employee, Alex Kibkalo.
Microsoft said it performed such searches of private
communications only in rare circumstances. Even though the searches appeared to
be legal and in compliance with its own terms of service, the company faced
criticism from privacy advocates and others who warned that it would discourage
bloggers, journalists and others from using Microsoft communications services.
Reactions to Microsoft’s investigation were intensified
by the fact that the company, along with peers in the technology industry, has
been a vocal critic of spying by the United States government, practices that
have been revealed by the former National Security Agency contractor Edward J.
Snowden.
“Over the past week, we’ve had the opportunity to reflect
further on this issue, and as a result of conversations we’ve had internally
and with advocacy groups and other experts, we’ve decided to take an additional
step and make an important change to our privacy practices,” Mr. Smith said in
a blog post announcing its new policy.
“We’ve advocated that governments should rely on formal
legal processes and the rule of law for surveillance activities,” he said.
“While our own search was clearly within our legal rights, it seems apparent
that we should apply a similar principle and rely on formal legal processes for
our own investigations involving people who we suspect are stealing from us.”
Immediately after its investigation came to light last
week, Microsoft announced more modest changes to its practices, including a
plan to consult with a lawyer who was a former judge before inspecting private
emails. With that approach, though, Microsoft still faced the perception that
it was controlling the entire process.
The downside of the new approach for Microsoft is that
referring such cases to law enforcement means it will no longer have control
over the pace of investigations that could involve potentially serious threats
to its business.
The decision will, however, provide independent oversight
to ensure that Microsoft is not inappropriately using its power as the
proprietor of popular Internet communications. The reaction from press freedom
and privacy advocates on Friday to Microsoft’s change was very positive.
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