Posted by Brad SmithGeneral Counsel & Executive Vice President, Legal & Corporate Affairs, Microsoft
Today we have asked the Attorney General of the United States to personally take action to permit Microsoft and other companies to share publicly more complete information about how we handle national security requests for customer information. We believe the U.S. Constitution guarantees our freedom to share more information with the public, yet the Government is stopping us. For example, Government lawyers have yet to respond to the petition we filed in court on June 19, seeking permission to publish the volume of national security requests we have received. We hope the Attorney General can step in to change this situation.
Until that happens, we want to share as much information as we currently can. There are significant inaccuracies in the interpretations of leaked government documents reported in the media last week. We have asked the Government again for permission to discuss the issues raised by these new documents, and our request was denied by government lawyers. In the meantime, we have summarized below the information that we are in a position to share, in response to the allegations in the reporting:
In short, when governments seek information from Microsoft relating to customers, we strive to be principled, limited in what we disclose, and committed to transparency. Put together, all of this adds up to the following across all of our software and services:
Microsoft is obligated to comply with the applicable laws that governments around the world – not just the United States – pass, and this includes responding to legal demands for customer data. All of us now live in a world in which companies and government agencies are using big data, and it would be a mistake to assume this somehow is confined to the United States. Agencies likely obtain this information from a variety of sources and in a variety of ways, but if they seek customer data from Microsoft they must follow legal processes.
The world needs a more open and public discussion of these practices. While the debate should focus on the practices of all governments, it should start with practices in the United States. In part, this is an obvious reflection of the most recent stories in the news. It’s also a reflection of something more timeless. The United States has been a role model by guaranteeing a Constitutional right to free speech. We want to exercise that right. With U.S. Government lawyers stopping us from sharing more information with the public, we need the Attorney General to uphold the Constitution.
If we do receive approval to share more information, we’ll publish it immediately.