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Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring

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Speaker 1: legal issues in the news, brought to you by American

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Speaker 1: Arbitration Association. Business disputes are inevitable, result faster with the

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Speaker 1: American Arbitration Association, the global leader in alternative dispute resolution

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Speaker 1: for over ninety years. More at a d r dot org. Today,

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Speaker 1: Bloomberg lawhost tum Grosso and Greg Store discuss why Microsoft

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Speaker 1: is suing the US government over its use is so

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Speaker 1: called sneak and peak email searches, which allows the government

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Speaker 1: to conduct warrantless searches of user emails. They speak to

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Speaker 1: Andrea Matuen, a professor at Northeastern University Law School. Andrea

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Speaker 1: explain why the judge ruled Microsoft was able to go

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Speaker 1: forward with its First Amendment claims but not its Fourth

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Speaker 1: Amendment claims. Sure, so, in this case, we're talking questionally

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Speaker 1: about an application, arguably of the Store Communications Act. And

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Speaker 1: if you look at the history of the Stored Communications Act,

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Speaker 1: when Congress past this statute, they were expressly trying to

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Speaker 1: create a bit of a protected space because Congress essentially

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Speaker 1: thought that the Fourth Amendment did not extend to this

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Speaker 1: particular set of circumstances, and partially because of that history,

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Speaker 1: that congressional background, Microsoft has an uphill battle of being

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Speaker 1: able to prove that there is a credible argument under

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Speaker 1: the Fourth Amendment. But the amendment provides them with arguably

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Speaker 1: a stronger set of arguments. So, particularly when we're talking

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Speaker 1: about its own speech, Microsoft has the ability to assert

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Speaker 1: standing in a way that it wouldn't on behalf of

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Speaker 1: its customers because it's not defending customers rights in that case,

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Speaker 1: it's talking about its own ability to convey information. Tell

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Speaker 1: us a little more about it. What exactly is it?

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Speaker 1: Microsoft wants to say that that this law might prohibit

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Speaker 1: it from saying. So Microsoft is essentially arguing that it's

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Speaker 1: business interests, particularly going forward in things like it's cloud

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Speaker 1: computing markets, are impacted and it wants to give notice

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Speaker 1: to its customers who are the subject uh the sneak

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Speaker 1: and peak warrants or sneak and peak requests. So the

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Speaker 1: challenge is that, um, there is a gag order Microsoft

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Speaker 1: alleges on it to that prevents the gag wars prevented

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Speaker 1: from telling these customers that there's surveillance of their communications

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Speaker 1: going on, and also that the number of these things

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Speaker 1: is in essence escalating at a rate that is generating

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Speaker 1: a desire for Microsoft to speak. That's Andrea Matuition, a

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Speaker 1: professor at Northeastern University Law School, speaking to Bloomberg lawhost

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Speaker 1: in Grosso. You can listen to Bloomberg Law week days

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Speaker 1: at one pm all street time here on Bloomberg Radio Now.

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Speaker 1: Among the top legal stories from Bloomberg Law, federal judge

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Speaker 1: is signed off on Volkswagen's billion dollars settlement and the

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Speaker 1: emissions cheating scandal. The deal covers about seventy eight thousand

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Speaker 1: drivers of diesel powered out East Porsches, and VW's v

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Speaker 1: W will buy back about twenty thousand of the cars

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Speaker 1: and fix the rest. The lawsuit accuses the Oracle of

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Speaker 1: stiffing sales representatives on commissions. Suit claims business software giants

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Speaker 1: Claud back millions of dollars from sales reps by rewriting

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Speaker 1: its commission formulas retroactively. It seeks more than a hundred

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Speaker 1: fifty million dollars in damages. Oracle denies the allegations and

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Speaker 1: says it will vigorously defend against them. And that's this

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Speaker 1: morning's Bloomberg Law Reef. You can find more legal news

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Speaker 1: at Bloomberg Law dot com and Bloomberg BNA dot com.

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Speaker 1: Attorneys will find exceptional legal research and business development tools

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Speaker 1: there as well. Visit Bloomberg Law dot com and Bloomberg

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Speaker 1: BNA dot com for more information and futures. This morning,

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Speaker 1: they are little changed. The docks in Germany is up

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Speaker 1: to ten percent. Ten year treasury down to thirty seconds

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Speaker 1: EL two point for seven verse. Nimex screwed oil is

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Speaker 1: down six tenths per cent or thirty one cents this morning.

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Speaker 1: At eighty nine A barrel comes gold is up almost

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Speaker 1: two tenths per cent or a dollar eighty. This is

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Speaker 1: Bloomberg