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
      How Amazon outmanoeuvred Starlink in South Africa

      How Amazon outmanoeuvred Starlink in South Africa

      15 July 2026
      Amazon Leo all set for South African launch - From left, Maziv CEO Dietlof Mare, communications minister Solly Malatsi, Herotel CEO Van Zyl Botha and Amazon's David Zapolsky

      Amazon Leo all set for South African launch

      15 July 2026
      SpaceX is the Dutch East India Company of the space age

      SpaceX is the Dutch East India Company of the space age

      15 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
      Cape Town's Cue raises R82-million to take AI service agents global

      Cape Town’s Cue raises R82-million to take AI service agents global

      15 July 2026
    • World
      Swingeing jobs cuts at Microsoft's Xbox unit

      Swingeing jobs cuts at Microsoft’s Xbox unit

      6 July 2026

      SK Hynix ends Samsung’s 26-year reign at the top

      22 June 2026
      Google on the hook for what its AI tells users, court rules

      Google on the hook for what its AI tells users, court rules

      15 June 2026
      How Russians juggle VPNs to outwit the Kremlin

      How Russians juggle VPNs to outwit the Kremlin

      15 June 2026
      Amazon CEO flagged Anthropic AI risks to Washington - Andy Jassy

      Amazon CEO flagged Anthropic AI risks to Washington

      14 June 2026
    • In-depth
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
      Every plug-in hybrid on sale in South Africa, ranked by price - Lamborghini Temerario

      Every plug-in hybrid on sale in South Africa, ranked by price

      7 June 2026
      What Wi-Fi 8 will mean for wireless networks

      What Wi-Fi 8 will mean for wireless networks

      1 June 2026
      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
    • TCS
      Watts & Wheels S1E7: 'Ferrari's EV breaks the internet'

      Watts & Wheels S1E7: ‘Ferrari’s EV breaks the internet’

      8 July 2026
      TCS+ | How Tracker is turning vehicle data into business strategy - Silvia Schollenberger

      TCS+ | How Tracker is turning vehicle data into business strategy

      1 July 2026
      TCS+ | IBM Bob: an AI-powered 'development partner' for the enterprise - David Spurway

      TCS+ | IBM Bob: an AI-powered development partner for the enterprise

      30 June 2026
      Watts & Wheels S1E6: 'A flawless Alfa and a bakkie that divides'

      Watts & Wheels S1E6: ‘A flawless Alfa and a bakkie that divides’

      17 June 2026
      Watts & Wheels S1E6: 'A flawless Alfa and a bakkie that divides'

      Watts & Wheels S1E5: ‘A Bentley of the bush and a car that swims’

      8 June 2026
    • Opinion
      The author, Fanie van Rooyen

      South Africa can still catch the AI wave – here’s how

      7 July 2026
      The author, Fanie van Rooyen

      The AI utopia South Africa can’t afford

      1 July 2026
      The author, Jannie van Zyl

      South Africa’s broadband future is being decided in orbit, not in Pretoria

      30 June 2026
      The author, Pambos Soteriades

      The pivot South Africa’s MVNOs cannot afford to miss

      23 June 2026
      Brazil's online gambling crackdown is a lesson for South Africa

      Brazil’s online gambling crackdown is a lesson for South Africa

      22 June 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
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • 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

    AI Barometer: the best AI for every job right now

    AI Barometer: the best AI for every job right now

    13 July 2026
    The author, Fanie van Rooyen

    South Africa can still catch the AI wave – here’s how

    7 July 2026
    MTN's Ralph Mupita named to new UN AI commission - Ralph Mupita

    MTN’s Ralph Mupita named to new UN AI commission

    6 July 2026
    Company News
    Biometrics alone won't stop AI-powered fraud - Contactable

    Biometrics alone won’t stop AI-powered fraud

    15 July 2026
    How Paratus and Eutelsat are connecting Southern Africa's mines

    How Paratus and Eutelsat are connecting Southern Africa’s mines

    14 July 2026
    Rain supercharges 5G with Huawei

    Rain supercharges 5G with Huawei

    10 July 2026
    Opinion
    The author, Fanie van Rooyen

    South Africa can still catch the AI wave – here’s how

    7 July 2026
    The author, Fanie van Rooyen

    The AI utopia South Africa can’t afford

    1 July 2026
    The author, Jannie van Zyl

    South Africa’s broadband future is being decided in orbit, not in Pretoria

    30 June 2026

    Subscribe to Updates

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

    Latest Posts
    How Amazon outmanoeuvred Starlink in South Africa

    How Amazon outmanoeuvred Starlink in South Africa

    15 July 2026
    Amazon Leo all set for South African launch - From left, Maziv CEO Dietlof Mare, communications minister Solly Malatsi, Herotel CEO Van Zyl Botha and Amazon's David Zapolsky

    Amazon Leo all set for South African launch

    15 July 2026
    SpaceX is the Dutch East India Company of the space age

    SpaceX is the Dutch East India Company of the space age

    15 July 2026
    The internet has a Strait of Hormuz problem

    The internet has a Strait of Hormuz problem

    15 July 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • 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}