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Microsoft drops lawsuit against US government after DOJ reins in use of gagging orders


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Microsoft drops lawsuit against US government after DOJ reins in use of gagging orders

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Microsoft has announced that it will drop its lawsuit against the US government after the Department of Justice said that it will use fewer secrecy orders when making requests for user information.

Microsoft's battle has been running since April last year, and it gained support from the likes of Mozilla, the EFF, Google and Apple. The company was not happy that gagging orders prevented it from telling customers when investigators requested access to their data. The move by the DOJ is described by Microsoft president and chief legal officer Brad Smith as an "important step for both privacy and free expression," and a step to "protect the constitutional rights of all Americans."

 

The DOJ's actions should see not only a reduction in the number of gagging orders that are issued, but the introduction of time limits on their lifespan. Microsoft had argued that the government's use of indefinite gagging orders was a violation of the Fourth Amendment, as well as its own First Amendment right to free speech.

Announcing Microsoft's plans to drop its lawsuit, Smith says:

The Department of Justice (DOJ) today established a new policy to address these issues. This new policy limits the overused practice of requiring providers to stay silent when the government accesses personal data stored in the cloud. It helps ensure that secrecy orders are used only when necessary and for defined periods of time. This is an important step for both privacy and free expression. It is an unequivocal win for our customers, and we're pleased the DOJ has taken these steps to protect the constitutional rights of all Americans.

He explains that the mere fact that customers are storing data in the cloud should not mean that they waive the rights and protections afforded to them under the Constitution:

We were not alone in this belief, as a diverse and broad array of companies, academics, business groups, civil liberties organizations and former law-enforcement officials signed amicus briefs in support of our position in the case.

We understand there are instances in which the government might need a secrecy order for legitimate reasons. This could include situations where disclosing the government's request for data could create a risk of harm to an individual. It could also include cases where disclosure would thwart the government’s investigation, or lead to the destruction of evidence.

But our lawsuit was based on a growing and disturbing trend. We highlighted the fact that the government appeared to be overusing secrecy orders in a routine fashion -- even where the specific facts didn't support them -- and were seeking indefinite secrecy orders in a large number of cases. When we filed our case we explained that in an 18-month period, 2,576 of the legal demands we received from the U.S. government included an obligation of secrecy, and 68 percent of these appeared to be indefinite demands for secrecy.  In short, we were prevented from ever telling a large number of customers that the government had sought to access their data.

But while Smith welcomes the move by the government, he says there is still more to do and calls upon Congress to make further amendments to the Electronic Communications Privacy Act (ECPA):

Specifically, the U.S. Senate should advance the ECPA Modernization Act of 2017, introduced in July by Sens. Mike Lee, R-Utah, and Patrick Leahy, D-Vermont. This bill includes a provision that addresses secrecy orders. This action would build on the bipartisan work of the U.S. House of Representatives, which has twice passed ECPA reform legislation -- unanimously last session and by voice vote earlier this year -- under the leadership of Chairman Bob Goodlatte, R-Virginia, Rep. Kevin Yoder, R-Kansas, and Rep. Jared Polis, D-Colorado. It is time to update this outdated 1986 law that regulates government access to contemporary electronic communications.

 

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Only thing this would changes  is  if they get what they want.

Quote

 

Introduced in July by senators Mike Lee and Patrick Leahy, the legislation would require law enforcement to get a warrant in order to access emails, location data and other sensitive information - and would force the government to notify individuals when their location and content information was requested.

 

 

This don't stop them from doing it  illegally  too  see do they  need a warrant  and it it very easy for them too get a  warrant if they do .  Its no help too   too people outside the USA the only thing the Government have let  up on is there own citizens . This don't make it harder on the NSA or CIA  . Only they trying too make  it were they need  a warrant  for info on people in the USA  Witch would effect the FBI  and  Local law enforcement  .

 

Quote

The policy doesn't, though, apply to orders issued under the Foreign Intelligence Surveillance Act or to national security letters.

 

https://www.forbes.com/sites/emmawoollacott/2017/10/24/microsoft-drops-lawsuit-as-doj-reins-in-use-of-gagging-orders/#2ced2b284368

 

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require law enforcement to get a warrant

This game  they are playing is  like a boll , doesn't matter witch side you face! you will always end up with no corners :s

 

9 hours ago, steven36 said:

Only think this changes  is 

 

This don't stop them from doing it  illegally  too  see do they  need a warrant  and it it very easy for them too get a  warrant if they do . 

And Senice they are the one making warrants ! for me sounds more like a work around :D

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12 minutes ago, hacker7 said:

This game  they are playing is  like a boll , doesn't matter witch side you face! you will always end up with no corners :s

 

And Senice they are the one making warrants ! for me sounds more like a work around :D

They  need a warrant to come in you're  home  anyways  all  they have to do is collect all the other pieces of the puzzle  1st  and go show the judge they got a case and they be glad too give them anything they want they can take one warrant  and  bust people  all across the USA they done it before . Say if this person is involved in something  like drugs they have a warrant out on him they going catch everyone involved if he contacts them  . Sometimes  they watch people for over a year before they arrest  them.

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9 hours ago, steven36 said:

They  need a warrant to come in you're  home  anyways  all  they have to is collect all the other pieces puzzle  1st  and go show the judge they got a case and they be glad too give them anything they want they can take one warrant  and  bust people  all across the USA they done it before .

Its' usually that easy when random people at steak but i think it's a bit different when Big boys are on the game!!

corruption and money become there workaround ;)

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12 minutes ago, hacker7 said:

Its' usually that easy when random people at steak but i think it's a bit different when Big boys are on the game!!

corruption and money become there workaround ;)

It  just depends   on what a snitch has too lose or not , even  the Italian mafia are not nothing compared to what they once was , They was they whole reason they made a FBI . Most  kingpins  and crime bosses  live outside the USA now and just use people too do there dirty work  for them. In the USA  a crack head will sell you out for 20$ . :lol:

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9 minutes ago, 0bin said:

a snitch :secret:

I seen a  person  snitch on there own family and friends  and  walk out free  and then the rest of them started snitching but it was too late for them they all had  to go to prison , But  still what they told them got many other people caught in  the next year.  They caused   all kinds of people to go too jail  . Even people  they didn't know that were involved with ones they did know.

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9 hours ago, steven36 said:

In the USA  a crack head will sell you out for 20$ . :lol:

That's what the Usa government wan't!!

people snitching on each other;)

And who's gaining the most when people do so .?

Btw

found this today

https://www.theverge.com/2017/10/19/16502624/microsoft-google-security-patches-chrome-bug

 

It's a few days old but still funny .

 

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11 minutes ago, hacker7 said:

That's what the Usa government wan't!!

people snitching on each other;)

And who's gaining the most when people do so .?

The Government  do  they always  do  they seize everything you have but , i had  friends  who were too smart for them,   they put all there stuff in someone elses name  in case this happen and after  they got of jail  they had all there money and went back to doing what they did before .  Maybe 1 out  of 5 don't go back too crime all jail teaches  you is how too do it and not get caught next time.  :P

 

You may ask what this  has to with Microsoft  a whole lot

 

Quote

As part of the investigation into a drug-trafficking case in December 2013, a New York district county judge issued a warrant, under the 1986 Stored Communications Act (SCA), asking Microsoft to produce all emails and information associated with an account they hosted. While the information was held on Microsoft's United States servers, the emails were stored on a server in Dublin, Ireland, one of numerous servers Microsoft located around the world to improve services to its global users.

 

https://en.wikipedia.org/wiki/Microsoft_Corp._v._United_States

Microsoft for years was refusing  to give  up a drug dealers  email .

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9 hours ago, steven36 said:

 all jail teaches  you is how too do it and not get caught next time.  :P

And not to forget the connections people gather inside:showoff:

causally criminasl become more powerful when they get jail time:yes:

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9 hours ago, 0bin said:

Any of you ever be in prison?

 

I know steven36 has some friends went in prisons some time ago.

Yes Me and prison were friends :rolleyes:

You.?

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I never done the things  they done .. If  you are stupid  enough to commit crimes  and  get caught  i will talk too you when you get out  and we can talk about the good old days ..   But now days there is no danger in me getting caught up into anything all my friends are much older  now and we all grew apart .. If you chose  too have  a life of you're  own    you learn friends  don't  really matter that much as you're family do the  people who really care for you.

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9 hours ago, steven36 said:

I never done the things  they done .. If  you are stupid  enough to commit crimes  and  get caught  i will talk too you when you get out  and we can talk about the good old days ..   But now days there is no danger in me getting caught up into anything all my friends are much older  now and we all grew apart .. If you chose  too have  a life of you're  own    you learn friends  don't  really matter that much as you're family do the  people who really care for you.

Agree 100%

They were a time when ones thought that friends mattered a lot but Time  is a teacher!

and the more one grow and become not just aware of things and people around! also aware of awareness B)

in that level in mind i have to say no friends and martial world matters, as steven said:

Family are the most important.:yes:

 

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17 minutes ago, hacker7 said:

Adgaurd is blocking video from running in this site :o

But hacker7 had a workaround for you-tube :D

mpv  + youtube dl   or vpn works around it   i  don't use  adguard  and don't plan too they don't  even make a standalone version for Linux  desktop  I hear it good for phones  though . if i believed every warning  I read i would not even be here  . NOD32 blocks this site...  :tooth:  

 

thats the site  this user script  uses for it.

https://greasyfork.org/en/scripts/9062-youtube-unblocker

0 / 63

https://www.virustotal.com/#/url/4bf5e008cb2ea9cf4103b9e8f9cbbfcac929203048ece451eb301a3311ed5cf4/detection

 

 

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9 hours ago, steven36 said:

mpv  + youtube dl   or vpn works around it   i  don't use  adguard  and don't plan too they don't  even make a standalone version for Linux  desktop  I hear it good for phones  though . if i believed every warning  I read i would not even be here  . NOD32 blocks this site...  :tooth:  

 

thats the site  this user script  uses for it.

https://greasyfork.org/en/scripts/9062-youtube-unblocker

0 / 63

https://www.virustotal.com/#/url/4bf5e008cb2ea9cf4103b9e8f9cbbfcac929203048ece451eb301a3311ed5cf4/detection

 

 

I know but it's a mission to go around Uncle Adguad :tooth:

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1 minute ago, hacker7 said:

I know but it's a mission to go around Uncle Adguad :tooth:

Oh i have filters  for malware   in my adblocker   but i don't very often use the adguard  filters they break some sites  the ones i  use say its clean lol.  My adblocker  has there filters too   if i want too use them.

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9 hours ago, steven36 said:

Oh i have filters  for malware   in my adblocker   but i don't very often use the adguard  filters they break some sites  the ones i  use say its clean lol.  My adblocker  has there filters too   if i want too use them.

Hmm.:huh:

Now u make me curries about this super power adblocker of yours :sneaky:

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9 hours ago, 0bin said:

I mean, are you sure your VPN block YouTube ads on Android?

Or Adguard do it?

 

Nä! it was the video url that adguard blocked!

and it was on Windows not android :D

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9 hours ago, 0bin said:

 

What's up with the new pic.?:ph34r:

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9 hours ago, 0bin said:

My sister is upset.

What did you do now.?

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