Government Access To Private Data: Microsoft Opens A New Front In The Battle For Consumer Privacy

Prior to the Information Age, sensitive papers were stored in file cabinets and drawers. When home computers arrived, information was digitized and moved to hard drives or other electronic media, still possessed by the user. Today, with the general availability of high-speed Internet service, many individuals are moving information to the so-called cloud – which means that private documents, photos, and emails are now stored on servers owned by technology giants like Microsoft and Apple, typically housed in forbidding and remote massive facilities.

But should the rules on government access to private data depend on where the data is stored? Is private data any less private if it is not kept in the home? A Microsoft lawsuit against the U.S. Department of Justice sheds light on a little-known provision of the Electronic Communications Privacy Act (ECPA), which enables the secret and unchallenged seizure of consumer information held by cloud providers.