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Microsoft gets support in gag order lawsuit from U.S. companies

Fri, 02nd Sep 2016 23:58

By Dustin Volz

WASHINGTON, Sept 2 (Reuters) - Technology, media,pharmaceutical and other companies, along with major corporatelobbying groups, filed legal briefs on Friday in support of aMicrosoft Corp lawsuit that aims to strike down a lawpreventing companies from telling customers the government isseeking their data.

Friday was the deadline for filing of friend-of-the-courtbriefs by nonparticipants in the case. The filings show broadsupport for Microsoft and the technology industry in its latesthigh-profile clash with the U.S. Justice Department over digitalprivacy and surveillance.

Microsoft's backers included the U.S. Chamber of Commerce,the National Association of Manufacturers, Delta Air Lines Inc, Eli Lilly and Co, BP America, theWashington Post, Fox News, the National Newspaper Association,Apple Inc, Alphabet Inc's Google, Amazon.comInc, the Electronic Frontier Foundation and manyothers.

Microsoft filed its lawsuit in Seattle federal court inApril, arguing that a law allowing the government to seizecomputer data located on third-party computers and often barringcompanies from telling their customers that they are targets isunconstitutional.

The Justice Department argues that Microsoft has no standingto bring the case and the public has a "compelling interest inkeeping criminal investigations confidential." Proceduralsafeguards also protect constitutional rights, it contends. AJustice Department spokesman declined comment on Friday'sfilings.

Microsoft says the government is violating the FourthAmendment, which establishes the right for people and businessesto know if the government searches or seizes their property, inaddition to Microsoft's First Amendment right to free speech.

In the suit, which focuses on the storage of data on remoteservers that are often referred to as "cloud" computers,Microsoft said it had been subjected to 2,600 federal courtorders within the past 18 months prohibiting the company frominforming customers their data was given to authorities pursuingcriminal investigations.

Under the authority of the 30-year-old ElectronicCommunications Privacy Act (ECPA), the government isincreasingly directing investigations at parties that store datain the cloud, Microsoft argued in its suit.

Five former law enforcement officials who worked for the FBIor Justice Department in Washington state also submitted a briefsupporting Microsoft.

In July, a federal appeals court sided 3-0 with Microsoft ina separate case against the Justice Department, ruling thegovernment could not force the tech company to hand overcustomer emails stored on servers outside the United States.

The Justice Department has not decided whether to appealthat decision, a spokesman said.

The case is Microsoft Corp v United States Department ofJustice et al in the United States District Court, WesternDistrict of Washington, No. 2:16-cv-00537. (Reporting by Dustin Volz; Editing by Jonathan Weber andCynthia Osterman)

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