Revelation that Microsoft had searched email and instant messages caused outrage among customers
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| The change in policy comes after Microsoft revealed it had searched a blogger’s email and instant messages Photograph: Bogdan Cristel /Reuters |
Microsoft announced an overhaul of its customer service agreement Friday in the wake of angry reactions to the news that it had searched a blogger’s email account in an attempt to discover the identity of an employee leaking its software.
“Effective immediately, if we receive information indicating that someone is using our services to traffic in stolen intellectual or physical property from Microsoft, we will not inspect a customer’s private content ourselves. Instead, we will refer the matter to law enforcement if further action is required,” general counsel Brad Smith said in a blogpost.
Smith said in the coming months the company would incorporate the change in its customer terms of service, so that it’s clear to consumers and binding on Microsoft.
Civil rights advocates reacted positively to the news. “Wow. An impressive change in policy re: email searches from Microsoft after criticism last week. Will Google follow?” Christopher Soghoian, American Civil Liberties Union (ACLU) principal technologist, said on Twitter. In a second tweet, he added, “Microsoft's legal team (and their privacy team who were involved in discussions) deserve serious praise for this change in policy. Bravo.”
The change comes after Microsoft revealed it had searched a blogger’s email and instant messages and, allegedly, found correspondence with Alex Kibkalo, a Russian native who worked for Microsoft as a software architect. Kibkalo was arrested in Seattle last week, and is accused of leaking Windows 8 to the unnamed tech blogger.
The revelation caused outrage, and Microsoft acted to tighten up its privacy rules. But its latest move goes much further.
“It’s always uncomfortable to listen to criticism. But if one can step back a bit, it’s often thought-provoking and even helpful. That was definitely the case for us over the past week. Although our terms of service, like those of others in our industry, allowed us to access lawfully the account in this case, the circumstances raised legitimate questions about the privacy interests of our customers,” Smith wrote in the blog post.
“In part we have thought more about this in the context of other privacy issues that have been so topical during the past year. We’ve entered a “post-Snowden era” in which people rightly focus on the ways others use their personal information. As a company we’ve participated actively in the public discussions about the proper balance between the privacy rights of citizens and the powers of government. We’ve advocated that governments should rely on formal legal processes and the rule of law for surveillance activities.
“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.”
Smith said Microsoft had reached out to advocacy groups the Center for Democracy and Technology (CDT) and the Electronic Frontier Foundation (EFF) to help identify “best practices from other industries and consider the best solutions for the future of digital services.”
“We hope that other companies will join in as well. Ultimately, these types of questions affect us all, and they will benefit from even more of the thought-provoking discussions that the events from last week have encouraged,” Smith said.
“Effective immediately, if we receive information indicating that someone is using our services to traffic in stolen intellectual or physical property from Microsoft, we will not inspect a customer’s private content ourselves. Instead, we will refer the matter to law enforcement if further action is required,” general counsel Brad Smith said in a blogpost.
Smith said in the coming months the company would incorporate the change in its customer terms of service, so that it’s clear to consumers and binding on Microsoft.
Civil rights advocates reacted positively to the news. “Wow. An impressive change in policy re: email searches from Microsoft after criticism last week. Will Google follow?” Christopher Soghoian, American Civil Liberties Union (ACLU) principal technologist, said on Twitter. In a second tweet, he added, “Microsoft's legal team (and their privacy team who were involved in discussions) deserve serious praise for this change in policy. Bravo.”
The change comes after Microsoft revealed it had searched a blogger’s email and instant messages and, allegedly, found correspondence with Alex Kibkalo, a Russian native who worked for Microsoft as a software architect. Kibkalo was arrested in Seattle last week, and is accused of leaking Windows 8 to the unnamed tech blogger.
The revelation caused outrage, and Microsoft acted to tighten up its privacy rules. But its latest move goes much further.
“It’s always uncomfortable to listen to criticism. But if one can step back a bit, it’s often thought-provoking and even helpful. That was definitely the case for us over the past week. Although our terms of service, like those of others in our industry, allowed us to access lawfully the account in this case, the circumstances raised legitimate questions about the privacy interests of our customers,” Smith wrote in the blog post.
“In part we have thought more about this in the context of other privacy issues that have been so topical during the past year. We’ve entered a “post-Snowden era” in which people rightly focus on the ways others use their personal information. As a company we’ve participated actively in the public discussions about the proper balance between the privacy rights of citizens and the powers of government. We’ve advocated that governments should rely on formal legal processes and the rule of law for surveillance activities.
“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.”
Smith said Microsoft had reached out to advocacy groups the Center for Democracy and Technology (CDT) and the Electronic Frontier Foundation (EFF) to help identify “best practices from other industries and consider the best solutions for the future of digital services.”
“We hope that other companies will join in as well. Ultimately, these types of questions affect us all, and they will benefit from even more of the thought-provoking discussions that the events from last week have encouraged,” Smith said.
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