WEBVTT - Bloomberg Law Brief: Microsoft lawsuit over email surveillance

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<v Speaker 1>Now it's time for our daily Bloomberg Law Brief, exploring

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<v Speaker 1>legal issues in the news, brought to you by American

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<v Speaker 1>Arbitration Association. Business disputes are inevitable, result faster with the

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<v Speaker 1>American Arbitration Association, the global leader in alternative dispute resolution

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

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<v Speaker 1>Bloomberg lawhost tum Grosso and Greg Store discuss why Microsoft

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<v Speaker 1>is suing the US government over its use is so

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<v Speaker 1>called sneak and peak email searches, which allows the government

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<v Speaker 1>to conduct warrantless searches of user emails. They speak to

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<v Speaker 1>Andrea Matuen, a professor at Northeastern University Law School. Andrea

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<v Speaker 1>explain why the judge ruled Microsoft was able to go

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<v Speaker 1>forward with its First Amendment claims but not its Fourth

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

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<v Speaker 1>about an application, arguably of the Store Communications Act. And

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<v Speaker 1>if you look at the history of the Stored Communications Act,

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<v Speaker 1>when Congress past this statute, they were expressly trying to

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<v Speaker 1>create a bit of a protected space because Congress essentially

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<v Speaker 1>thought that the Fourth Amendment did not extend to this

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<v Speaker 1>particular set of circumstances, and partially because of that history,

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<v Speaker 1>that congressional background, Microsoft has an uphill battle of being

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<v Speaker 1>able to prove that there is a credible argument under

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<v Speaker 1>the Fourth Amendment. But the amendment provides them with arguably

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

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<v Speaker 1>about its own speech, Microsoft has the ability to assert

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<v Speaker 1>standing in a way that it wouldn't on behalf of

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<v Speaker 1>its customers because it's not defending customers rights in that case,

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<v Speaker 1>it's talking about its own ability to convey information. Tell

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<v Speaker 1>us a little more about it. What exactly is it?

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<v Speaker 1>Microsoft wants to say that that this law might prohibit

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<v Speaker 1>it from saying. So Microsoft is essentially arguing that it's

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<v Speaker 1>business interests, particularly going forward in things like it's cloud

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<v Speaker 1>computing markets, are impacted and it wants to give notice

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<v Speaker 1>to its customers who are the subject uh the sneak

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<v Speaker 1>and peak warrants or sneak and peak requests. So the

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<v Speaker 1>challenge is that, um, there is a gag order Microsoft

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<v Speaker 1>alleges on it to that prevents the gag wars prevented

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<v Speaker 1>from telling these customers that there's surveillance of their communications

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<v Speaker 1>going on, and also that the number of these things

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<v Speaker 1>is in essence escalating at a rate that is generating

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<v Speaker 1>a desire for Microsoft to speak. That's Andrea Matuition, a

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<v Speaker 1>professor at Northeastern University Law School, speaking to Bloomberg lawhost

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<v Speaker 1>in Grosso. You can listen to Bloomberg Law week days

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<v Speaker 1>at one pm all street time here on Bloomberg Radio Now.

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<v Speaker 1>Among the top legal stories from Bloomberg Law, federal judge

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<v Speaker 1>says it will vigorously defend against them. And that's this

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<v Speaker 1>morning's Bloomberg Law Reef. You can find more legal news

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