Microsoft filed a lawsuit against the US Justice Department, not wanting to secretly listen to users

On April 14, 2016, Microsoft filed a lawsuit ( document ), challenging the unconstitutional powers that the US government assumed. It forces IT companies to hide from their users the fact that federal agents have examined their confidential data.

The lawsuit raises a fundamental question related to cloud technologies, writes WSJ. Does the government have the right to force IT companies to keep in secret the fact of access to user information? After all, if you search your own home or hard drive - you have every right to know about it. But now the investigators had a loophole - and they used it in thousands of cases - how to keep such searches secret, because the data is stored in the cloud.

Microsoft claims that over the past 18 months, it received 5,624 federal requests for the release of information about the user, and in 2,576 cases these were requests that prohibit companies from disclosing information.

The company emphasizes that it "always meets the requirements of the law," and 1,752 secret warrants did not have any time limits, that is, Microsoft may never inform a person that the authorities received his confidential information.
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Microsoft also points out that the government is more likely to send requests for digital data than paper documents and physical communications — probably because it’s easier to maintain secrecy this way.

Courts may issue a secret warrant when they “have reason to believe” that disclosing information will jeopardize the investigation. Microsoft in the statement of claim recognizes that secrecy is sometimes necessary, but the current bar is too low, so the courts issue such warrants too often.

Microsoft Lead Lawyer Brad Smith (Brad Smith) explains that the most serious problems began after the company's transition to cloud services.

The company argues that the endless secret orders violate the First Amendment, under which the user has the right to be notified, "as soon as secrecy is no longer required." In addition, Microsoft argues, secret warrants violate the Fourth Amendment, according to which a citizen must be informed that his property was searched or seized.

Microsoft believes that the current US policy undermines public confidence in the "clouds" of privacy and hinders Microsoft’s right to be honest with its users. This is a very serious problem for Microsoft corporate customers.

Such trials usually take years, and this is a signal to Congress to revise legislation.