Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      The lesson Seacom learnt from its massive 2024 outage - Richard Schumacher

      The lessons Seacom learnt from its massive 2024 outage

      14 May 2026
      US, China to coordinate on AI threats

      US, China to coordinate on AI threats

      14 May 2026
      Telkom recovering after Cape storms disrupt network

      Telkom recovering after Cape storms disrupt network

      14 May 2026
      Major new security feature coming to WhatsApp

      Major new security feature coming to WhatsApp

      14 May 2026
      Starlink wait set to drag on as Icasa flags legal hurdle

      Starlink wait set to drag on as Icasa flags legal hurdle

      13 May 2026
    • World
      Pop star sues Samsung for $15-million - Dua Lipa

      Pop star sues Samsung for $15-million

      11 May 2026
      OpenAI's new audio APIs aim for conversational voice agents

      OpenAI’s new audio APIs aim for conversational voice agents

      8 May 2026
      'It was my idea': Musk claims paternity of OpenAI - Elon Musk

      ‘It was my idea’: Musk claims paternity of OpenAI

      29 April 2026
      Pivotal week for US tech stocks

      Pivotal week for US tech stocks

      28 April 2026
      Sam Altman denies betraying Elon Musk. Shelby Tauber/Reuters

      Worries over OpenAI’s growth as Anthropic gains ground

      28 April 2026
    • In-depth
      Alfa's electric rebel - Alfa Romeo Junior Elettrica Veloce

      Alfa’s electric rebel

      29 April 2026
      Africa switches on as Europe dims the lights

      Africa switches on as Europe dims the lights

      9 April 2026
      The biggest untapped EV market on Earth is hiding in plain sight

      The biggest untapped EV market on Earth is hiding in plain sight

      1 April 2026
      Datatec is firing on all cylinders - Jens Montanana

      The R16-billion tech giant hiding in plain sight

      26 March 2026
      The last generation of coders

      The last generation of coders

      18 February 2026
    • TCS
      TCS+ | The Up&Up Group on the hidden cost of AI - Jason Harrison

      TCS+ | The Up&Up Group on the hidden cost of AI

      13 May 2026
      Michael Rossouw

      TCS+ | The retirement decision most South Africans get wrong

      6 May 2026
      TCS | The Cape Town start-up listening for TB with AI - Braden van Breda

      TCS | The Cape Town start-up listening for TB with AI

      4 May 2026

      TCS+ | ‘The ISP for ISPs’: Vox’s shift to wholesale aggregator

      20 April 2026
      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      15 April 2026
    • Opinion
      Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

      Free calls, dead voice and Shameel Joosub’s Spanish ghost

      22 April 2026
      The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

      The conflict of interest at the heart of PayShap’s slow adoption

      26 March 2026
      South Africa's energy future hinges on getting wheeling right - Aishah Gire

      South Africa’s energy future hinges on getting wheeling right

      10 March 2026
      Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 2026
      R230-million in the bag for Endeavor's third Harvest Fund - Alison Collier

      VC’s centre of gravity is shifting – and South Africa is in the frame

      3 March 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM Telecom
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Top » Microsoft wins pivotal privacy case

    Microsoft wins pivotal privacy case

    By Agency Staff10 February 2017
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    Microsoft persuaded a judge not to let the US government out of a lawsuit alleging the company’s free-speech rights are violated by a law that blocks it from alerting users to the clandestine interception of their e-mails.

    The judge said Microsoft has at least made a plausible argument that federal law muzzles its right to speak about government investigations, while not ruling on the merits of the case.

    “The public debate has intensified as people increasingly store their information in the cloud and on devices with significant storage capacity,” US district judge James Robart in Seattle said in Thursday’s ruling. “Government surveillance aided by service providers creates unique considerations because of the vast amount of data service providers have about their customers.”

    Robart rejected the tech giant’s argument that the so-called sneak-and-peek searches amount to an unlawful search and seizure of property. Former US attorney-general Loretta Lynch had argued that federal law allows the justice department to obtain electronic communications without disclosure of a specific warrant if it would endanger an individual or an investigation.

    Robart, a 2004 appointee of Republican President George W Bush, has already riled President Donald Trump this month by halting a temporary ban on visitors, immigrants and refugees from seven mostly Muslim countries. Trump labelled Robart a “so-called judge” and called his ruling in that case “ridiculous”.

    Microsoft sued the government in April, escalating a feud with the US over customer privacy and the company’s ability to disclose what it’s asked to turn over to investigators.

    Redmond, Washington-based Microsoft drew support in the case from tech leaders including Apple, Google and Amazon.com, which argued the very future of mobile and cloud computing is at stake if customers can’t trust that their data will remain private. They said the federal law allowing the searches goes “far beyond any necessary limits” and infringes users’ fundamental rights.

    “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,” Brad Smith, Microsoft’s chief legal officer, said in a statement.

    A justice department spokeswoman declined to comment on the ruling while the department reviews it.

    The department and Lynch defended the searches, saying they need digital tools to help fight increasingly sophisticated criminals and terrorists who are savvy at using technology to communicate and hide their tracks.

    In the portion of Thursday’s ruling that sided with the government, the judge said he could not reconcile the company’s attempt to assert the Fourth Amendment protection against invasive searches on behalf of its customers with earlier court decisions. Other courts have found that such rights can only be asserted by individuals, and not vicariously by third parties, he said.

    Still, Robart recognised that the law used by the government to block Microsoft from informing users about searches “means customers whose accounts have been accessed by the government may never know of the search”.

    Secrecy orders on government warrants for access to private e-mail accounts generally prohibit Microsoft from telling customers about the requests for lengthy or even unlimited periods, the company said when it sued. At the time, federal courts had issued almost 2 600 secrecy orders to Microsoft alone, and more than two-thirds had no fixed end date. In those cases, the company can never tell customers about government searches, even after an investigation is completed.

    The industry’s push against government intrusion into their customers’ private information began in the wake of Edward Snowden’s 2013 disclosures about covert data collection that put Internet companies on the defensive.

    Microsoft concedes that there may be times when the government is justified in seeking a gag order to prevent customers under investigation from tampering with evidence or harming another person. Still, the company contends the statute authorising the gag orders is too broad and sets too low of a standard for secrecy.  — (c) 2017 Bloomberg LP

    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Brad Smith James Robart Loretta Lynch Microsoft
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleDonald Trump, and the tale of two tech CEOs
    Next Article Eskom to sign renewables deals: Zuma

    Related Posts

    Setback for Microsoft's Africa cloud ambitions

    Setback for Microsoft’s Africa cloud ambitions

    10 May 2026
    More details about Apple's AI plans emerge

    More details about Apple’s AI plans emerge

    6 May 2026
    Google humbles Big Tech's cloud heavyweights

    Google humbles Big Tech’s cloud heavyweights

    30 April 2026
    Company News
    7 key digital platforms to market your business online - Domains.co.za

    7 key digital platforms to market your business online

    14 May 2026
    In crypto, trust is the new currency - Binance South Africa's Sam Mkhize

    In crypto, trust is the new currency

    13 May 2026
    Don't miss the Telviva Tech Insights webinar

    Don’t miss the Telviva Tech Insights webinar

    13 May 2026
    Opinion
    Free calls, dead voice and Shameel Joosub's Spanish ghost - Duncan McLeod

    Free calls, dead voice and Shameel Joosub’s Spanish ghost

    22 April 2026
    The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

    The conflict of interest at the heart of PayShap’s slow adoption

    26 March 2026
    South Africa's energy future hinges on getting wheeling right - Aishah Gire

    South Africa’s energy future hinges on getting wheeling right

    10 March 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    The lesson Seacom learnt from its massive 2024 outage - Richard Schumacher

    The lessons Seacom learnt from its massive 2024 outage

    14 May 2026
    US, China to coordinate on AI threats

    US, China to coordinate on AI threats

    14 May 2026
    Telkom recovering after Cape storms disrupt network

    Telkom recovering after Cape storms disrupt network

    14 May 2026
    7 key digital platforms to market your business online - Domains.co.za

    7 key digital platforms to market your business online

    14 May 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}