Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring
Speaker 1: legal issues in the news, brought to you by American
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Speaker 1: for over ninety years. More at a d r dot org. Today,
Speaker 1: Bloomberg lawhost tum Grosso and Greg Store discuss why Microsoft
Speaker 1: is suing the US government over its use is so
Speaker 1: called sneak and peak email searches, which allows the government
Speaker 1: to conduct warrantless searches of user emails. They speak to
Speaker 1: Andrea Matuen, a professor at Northeastern University Law School. Andrea
Speaker 1: explain why the judge ruled Microsoft was able to go
Speaker 1: forward with its First Amendment claims but not its Fourth
Speaker 1: Amendment claims. Sure, so, in this case, we're talking questionally
Speaker 1: about an application, arguably of the Store Communications Act. And
Speaker 1: if you look at the history of the Stored Communications Act,
Speaker 1: when Congress past this statute, they were expressly trying to
Speaker 1: create a bit of a protected space because Congress essentially
Speaker 1: thought that the Fourth Amendment did not extend to this
Speaker 1: particular set of circumstances, and partially because of that history,
Speaker 1: that congressional background, Microsoft has an uphill battle of being
Speaker 1: able to prove that there is a credible argument under
Speaker 1: the Fourth Amendment. But the amendment provides them with arguably
Speaker 1: a stronger set of arguments. So, particularly when we're talking
Speaker 1: about its own speech, Microsoft has the ability to assert
Speaker 1: standing in a way that it wouldn't on behalf of
Speaker 1: its customers because it's not defending customers rights in that case,
Speaker 1: it's talking about its own ability to convey information. Tell
Speaker 1: us a little more about it. What exactly is it?
Speaker 1: Microsoft wants to say that that this law might prohibit
Speaker 1: it from saying. So Microsoft is essentially arguing that it's
Speaker 1: business interests, particularly going forward in things like it's cloud
Speaker 1: computing markets, are impacted and it wants to give notice
Speaker 1: to its customers who are the subject uh the sneak
Speaker 1: and peak warrants or sneak and peak requests. So the
Speaker 1: challenge is that, um, there is a gag order Microsoft
Speaker 1: alleges on it to that prevents the gag wars prevented
Speaker 1: from telling these customers that there's surveillance of their communications
Speaker 1: going on, and also that the number of these things
Speaker 1: is in essence escalating at a rate that is generating
Speaker 1: a desire for Microsoft to speak. That's Andrea Matuition, a
Speaker 1: professor at Northeastern University Law School, speaking to Bloomberg lawhost
Speaker 1: in Grosso. You can listen to Bloomberg Law week days
Speaker 1: at one pm all street time here on Bloomberg Radio Now.
Speaker 1: Among the top legal stories from Bloomberg Law, federal judge
Speaker 1: is signed off on Volkswagen's billion dollars settlement and the
Speaker 1: emissions cheating scandal. The deal covers about seventy eight thousand
Speaker 1: drivers of diesel powered out East Porsches, and VW's v
Speaker 1: W will buy back about twenty thousand of the cars
Speaker 1: and fix the rest. The lawsuit accuses the Oracle of
Speaker 1: stiffing sales representatives on commissions. Suit claims business software giants
Speaker 1: Claud back millions of dollars from sales reps by rewriting
Speaker 1: its commission formulas retroactively. It seeks more than a hundred
Speaker 1: fifty million dollars in damages. Oracle denies the allegations and
Speaker 1: says it will vigorously defend against them. And that's this
Speaker 1: morning's Bloomberg Law Reef. You can find more legal news
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Speaker 1: Attorneys will find exceptional legal research and business development tools
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Speaker 1: BNA dot com for more information and futures. This morning,
Speaker 1: they are little changed. The docks in Germany is up
Speaker 1: to ten percent. Ten year treasury down to thirty seconds
Speaker 1: EL two point for seven verse. Nimex screwed oil is
Speaker 1: down six tenths per cent or thirty one cents this morning.
Speaker 1: At eighty nine A barrel comes gold is up almost
Speaker 1: two tenths per cent or a dollar eighty. This is
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