Among others, Apple, Google and Mozilla have joined in an amicus brief backing a Microsoft lawsuit against the federal government over its use of gag orders to prevent the company from disclosing to users when the government is requesting their data. Microsoft filed the suit in April citing 2,576 demands for user data in 18 months. Microsoft argues that outside of exceptional circumstances, users have the right to know when the government is accessing their data. (Ars Technica, September 5, 2016, by Tom Mendelsohn)
The companies are concerned that without warrants now needed to gain access to printed files and documents, the federal government is taking excessive liberties in freely obtaining online data. The government claims secrecy about surveillance is essential in protecting against terrorists. (Fortune, September 6, 2016, by Barb Darrow)
Microsoft wants the Justice Department to set new guidelines but if that doesn’t happen Congress to amend the Electronic Communications Privacy Act to establish clear limits on secrecy while allowing law enforcement some flexibility in extending surveillance. (Microsoft Blog, April 14, 2016, by CEO Brad Smith)