Microsoft battles US over warrant for drugs case emails
bbc.com
bbc.com
It is not easy to stand up to the US government. Many smaller firms do not have the clout nor the funds to do so.
In making this stand, it will hopefully set a legal precedent, to make sure that the USG abide by the rules of international law.
Here is the EFF's opinion on the matter: https://www.eff.org/deeplinks/2015/09/eff-applauds-apples-re...
Microsoft are not the only company batlling with the USG over user privacy, Apple (iMessage and other user data) is also making a stand: http://www.nytimes.com/2015/09/08/us/politics/apple-and-othe...
Quite honestly, I don't think they would lose that many clients. The USG has been trampling over the rights of non-US citizens for years. Snowden's leaks showed just how bad that is. The truth is that the vast majority of those people don't care enough to do anything about it.
Even people who do care (and are technologically minded) still have their Gmail, Yahoo and Hotmail email accounts and online file storage. The effort required to change is greater than the threat to their privacy.
That will not change until the loss of their privacy actually has a visible and impactful effect upon those people. I.e. people start being persecuted by the government for their beliefs or actions in private.
Modern western government's are too smart for that though. Those kind of non-subtle sledgehammer tactics don't work in a society where bad publicity can't be controlled. As an example, see the UK government's U-turn on immigration policy after the public's reaction to a photo of a two year old drowned immigrants's child on a Greek beach laying face down in the waves.
This is false. The mission statement of the company lays out its responsibility and what shareholders can expect. Shareholders choose to invest or not. A not-for-profit company is an example.
You're underestimating the amount of industrial espionage that the U.S. does to favour its multinational corps. MS, Apple et al. were fine to benefit from the fragments this might bring them when it was a fairly well guarded secret and it was assumed that the U.S. was on relatively equal footing with other countries such as France, UK, Germany, Japan in this regard. The Snowden leaks show that the NSA capacity is a couple orders of magnitude larger than any other country and suddenly the U.S. players would lose more business through distrust than they would gain through government espionage.
Wandering off-topic as I am, that's just an opinion that gained ground in the seventies. Not everyone thinks it's a good idea and with any luck it'll die eventually.
So? The relative freedom of modern democracy is significantly tied up in the rise of independent merchant/commercial classes.
$250 * 365 = $91250
Yahoo's latest quarterly revenue was a little over 1.2 billion dollars[0]. A little over $90k listed under "court fees" would probably not cause anyone to blink an eye.[0] - https://www.google.com/finance?q=NASDAQ:YHOO&fstype=ii
If the servers in question were on US soil, Microsoft would comply with the warrant in about a second and a half. They're not "sticking it to the man, man" by refusing this particular request. It's just a question of legality.
http://blog.cryptographyengineering.com/2015/09/lets-talk-ab...
Unless of course the whole article was meant to make everyone think how much Apple cares about your privacy, a day before the new iPhone is launched, and for law enforcement people to mislead people into thinking using iMessage can protect them.
Giving a country with such low legal standards and civil rights protection access to large swaths of all data is wrong.
https://en.wikipedia.org/wiki/Stored_Communications_Act
(The government's view is that the Stored Communications Act, even with this exception, is much more protective than what would be constitutionally required, because of the third party doctrine, which says that constitutionally you don't have any expectation of privacy in information that you gave to a third party.)
That would fix this and many other problems in one fell swoop.
1) The Feds have the guns. That specifically includes the general threat of guns-out federal agents storming the Microsoft campus for trumped up reasons to make a raw show of power. Microsoft's stock would plunge.
2) They have the IRS, Homeland Security, DOJ, FCC, FTC, SEC, and every other agency they could possibly need to break Microsoft's leadership and its board of directors. It would be done within a month and would be tragically easy.
Just the smallest potential of this type of scenario would have MSFT shareholders shitting their collective pants.
The US Government directly lords over all interstate commerce, in dozens of ways. They could, within the span of a few days, rule that Microsoft was impeding interstate commerce, posing a danger to national security, and they could order federal agents to take control of Microsoft; that wouldn't occur, it would merely be hinted at, at which point most of the board would immediately resign as would the CEO; the US Government would then watch as a new temporary board and CEO is installed. The US Government is able to force ports open - if need be - on the same basis they would use to force Microsoft 'open.' They could do it with either a soft touch, or be as forceful as necessary.
1) The Feds do have guns, but Microsoft has an extraordinary amount of goodwill, and media connections, and political connections, the foremost being the POTUS. He would not dare piss off one of the most powerful corporations in the world and risk the ensuing media malestrom that would have heads rolling from his office on down. They say our goverment has 3 branches, but it really has 4, the 4th being the intensely powerful news and internet media, which microsoft's tentacles even today spread very deep, and from which all politicians draw their votes. If it came to this, the president would face increasing scrutiny and actions of congress to block whatever he wanted to do (especially a republican congress) in order to save their own ass.
2) All these other agencies are enforcement angencies and fall under the jurisdiction of the POTUS. They would not act quickly (and would have to follow legal procedure, it's not as if these orgs just jump when the president says "sick em boy").
I would not choose to continue making money and pleasing shareholders if it meant abetting the government in what they're demonstrating they're intent on pursuing.
It would be the end of Microsoft within 5 minutes. I'd be out of the country along with the Men (and Women of principles) that helped me pulverize it within 5 minutes.
There's always a way to do it. They could do it and put the government in its place. But no one thinks they are man enough to do it, and so it doesn't get done.
http://www.dw.com/en/europeans-allowed-to-sue-over-privacy-b...
https://www.irishtimes.com/business/technology/uk-spy-base-g...