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Microsoft swats away FBI request for Office 365 subscriber data

by Joe Mobley
1 replies
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Microsoft has successfully challenged a secret letter from the Federal Bureau of Investigation ordering it to turn over data from one of its Office 365 customers
One of the more notorious provisions of NSLs is that they come equipped with a "gag order".
In the case of this particular customer, the software giant went for broke. The unsealed court papers reveal that Microsoft challenged the validity of the gag order on multiple grounds, including that it was unconstitutional.
This is very interesting. Take note of Microsoft's legal arguments. I'll bet they get used again, and soon.

Microsoft swats away FBI request for Office 365 subscriber data

Joe Mobley
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    Well, if the FBI withdraws the case, M/S technically loses standing. That means they can't pursue the case. If they DID pursue the case, this could have gone to the US supreme court and M/S would likely have won. THAT would have set a precedent, and limited the FBIs ability. THAT might have been why the FBI dropped the case.

    So they didn't do it because they were nice, afraid, or had another route. It was to wait until they had a better case, better setup, or a smaller defendant.

    Steve
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