Microsoft Exec: Targeting of Americans’ Records ‘Routine’

June 30, 2021by Eric Tucker and Matt O’Brien, Associated Press
Microsoft Exec: Targeting of Americans’ Records ‘Routine’
This May 6, 2021 photo shows a sign for Microsoft offices in New York. Federal law enforcement agencies secretly seek the data of Microsoft customers thousands of times a year. That's according to congressional testimony being given Wednesday, June 30, by a senior executive at the technology company. (AP Photo/Mark Lennihan)

WASHINGTON (AP) — Federal law enforcement agencies secretly seek the data of Microsoft customers thousands of times a year, according to congressional testimony being given Wednesday by a senior executive at the technology company.

Tom Burt, Microsoft’s corporate vice president for customer security and trust, will tell members of the House Judiciary Committee that federal law enforcement in recent years has been presenting the company with between 2,400 to 3,500 secrecy orders a year, or about seven to 10 a day.

“The fact that law enforcement requested, and courts approved, clandestine surveillance of so many Americans represents a sea change from historical norms,” Burt will say.

The relationship between law enforcement and Big Tech has attracted fresh scrutiny in recent weeks with the revelation that Justice Department prosecutors obtained as part of leak investigations phone records belonging not only to journalists but also to members of Congress and their staffers. Microsoft, for instance, was among the companies that turned over records under a court order, and because of a gag order, had to then wait more than two years before disclosing it.

Since then, Brad Smith, Microsoft’s president, called for an end to the overuse of secret gag orders, arguing in a Washington Post opinion piece that “prosecutors too often are exploiting technology to abuse our fundamental freedoms.” Attorney General Merrick Garland, meanwhile, has said the Justice Department will abandon its practice of seizing reporter records and will formalize that stance soon.

Burt is among the witnesses at a Judiciary Committee hearing about potential legislative solutions to intrusive leak investigations. 

House Judiciary Committee Chairman Jerrold Nadler said in opening remarks Wednesday that the Trump administration took advantage of outdated policies on digital data searches to target journalists and others in leak investigations. The New York Democrat said that reforms are needed now to guard against future overreach by Justice Department prosecutors.

“We cannot trust the department to police itself,” Nadler said.

Burt said that while the revelation that federal prosecutors had sought data about journalists and political figures “was shocking to many Americans,” the scope of surveillance is much broader.

“What may be most shocking,” he added, “is just how routine court-mandated secrecy has become when law enforcement targets Americans’ emails, text messages, and other sensitive data stored in the cloud.”

Burt said that while Microsoft Corp. does cooperate with law enforcement on a broad range of criminal and national security investigations, it often challenges surveillance that it sees as unnecessary, resulting at times in advance notice to the account being targeted.

As possible solutions, Burt said, the government should end indefinite secrecy orders and should also be required to notify the target of the data demand once the secrecy order has expired.

“Secrecy should be the rare exception, not the norm. Providing notice to an individual the government targets with a warrant or other demand for information is a critical protection against government overreach,” he said. “Safeguarding one’s constitutional rights requires knowledge that those rights are at risk. Without notice, an individual is left in the dark, unable to raise privileges or other objections that may be applicable, and unable to protect their rights in court.”

A+
a-
  • federal law enforcement
  • Microsoft
  • personal records
  • In The News

    Health

    Voting

    Law Enforcement

    March 28, 2024
    by Dan McCue
    Elections Task Force Prosecutes 2020 ‘Vigilantes,’ Seeks More Civic Dialogue

    PHOENIX, Ariz. — A 46-year-old Ohio man has been sentenced to 30 months in prison for sending death threats to... Read More

    PHOENIX, Ariz. — A 46-year-old Ohio man has been sentenced to 30 months in prison for sending death threats to an Arizona election official. The sentencing of Joshua Russell, of Bucyrus, Ohio, came after he pleaded guilty to one count of making a threatening interstate communication.... Read More

    February 9, 2024
    by Dan McCue
    Fake Biden Robocalls During New Hampshire Primary Traced to Texas

    CONCORD, N.H. — Fraudulent robocalls using an AI-generated impersonation of President Joe Biden to discourage voting in the New Hampshire... Read More

    CONCORD, N.H. — Fraudulent robocalls using an AI-generated impersonation of President Joe Biden to discourage voting in the New Hampshire Democratic primary last month have been traced to a Texas-based company, known as Life Corp., and an individual named Walter Monk. The announcement by New Hampshire... Read More

    January 23, 2024
    by Tom Ramstack
    Washington Lawyers’ Committee Suggests Abolishing DC Police’s Gang Database

    WASHINGTON — A report this month from the Washington Lawyers’ Committee for Civil Rights and Urban Affairs warns that Washington,... Read More

    WASHINGTON — A report this month from the Washington Lawyers’ Committee for Civil Rights and Urban Affairs warns that Washington, D.C., police appear to be violating constitutional rights to privacy with their Gang Database. Innocent persons could be placed on the list merely by associating with... Read More

    January 3, 2024
    by Tom Ramstack
    Sen. Menendez Faces More Charges Alleging Bribe-Taking in Qatari Deal

    NEW YORK — More bribery allegations were lodged Tuesday against Sen. Bob Menendez, D-N.J., as he faces criminal prosecution on... Read More

    NEW YORK — More bribery allegations were lodged Tuesday against Sen. Bob Menendez, D-N.J., as he faces criminal prosecution on charges of using his political influence with the Egyptians and Qataris to help his personal finances. The superseding indictment the Justice Department unveiled Tuesday says Menendez... Read More

    December 21, 2023
    by Tom Ramstack
    Justice Dept. Accuses Real Estate Developers of Taking Advantage of Immigrants

    HOUSTON — The Justice Department on Wednesday sued real estate developers behind a large housing complex outside of Houston the... Read More

    HOUSTON — The Justice Department on Wednesday sued real estate developers behind a large housing complex outside of Houston the government has accused of taking advantage of immigrants. Colony Ridge promises the buyers secure housing but the Justice Department says it is commonly flooded with sewage,... Read More

    Cause Sought of Explosion in Arlington, Virginia, Home as Police Tried to Serve Warrant

    ARLINGTON, Va. (AP) — Hours before a massive explosion destroyed a duplex and shook a Virginia suburb of Washington, D.C., a suspect... Read More

    ARLINGTON, Va. (AP) — Hours before a massive explosion destroyed a duplex and shook a Virginia suburb of Washington, D.C., a suspect inside his home fired a flare gun 30 to 40 times into the neighborhood, drawing a large police response, officials said Tuesday. All officers escaped serious... Read More

    News From The Well
    scroll top