Secret government searches are eroding people’s trust in the cloud, Smith wrote — including large and small businesses now keeping massive amounts of records online. “The transition to the cloud does not alter people’s expectations of privacy and should not alter the fundamental constitutional requirement that the government must — with few exceptions — give notice when it searches and seizes private information or communications,” he wrote.
According to the complaint, Microsoft received 5,624 federal demands for customer information or data in the past 18 months. Almost half — 2,576 — came with gag orders, and almost half of those — 1,752 — had “no fixed end date” by which Microsoft would no longer be sworn to secrecy.
These requests, though signed off on by a judge, qualify as unconstitutional searches, the attorneys argue. It “violates both the Fourth Amendment, which affords people and businesses the right to know if the government searches or seizes their property, and the First Amendment, which enshrines Microsoft’s rights to talk to its customers and to discuss how the government conducts its investigations — subject only to restraints narrowly tailored to serve compelling government interests,” they wrote.
Gonzalo San Gil, PhD. on 08 Jan 13Alexandre Oliva Based on the widely-recognized and seldom-disrespected human rights to enjoy and memorize works of art one can access, and to grant and accept access to them, this article claims legitimate rights to preserve access to works, to convert works to different formats and media, to download and to upload works on the Internet, and to receive and to share works in P2P networks. The full enjoyment of these human rights amounts to self defense against the constant attacks to them.
