Microsoft Asserts Clients’ Rights in FBI E-Mail Searches Fight

  • First hurdle is convincing judge it can sue on their behalf
  • Tech industry says future of mobile, cloud computing at stake

Close up of wires on computer server

Photographer: Erik Isakson/Getty Images/Blend Images RM
Lock
This article is for subscribers only.

Microsoft Corp.’s effort to halt the FBI’s so-called sneak-and-peek searches of e-mails may ride on whether it’s allowed to defend its customers’ constitutional rights.

The judge who will decide whether the case can go ahead had told the company’s lawyers to be ready to address earlier rulings that undercut their arguments. Calling the issue a dilemma in court Monday, the judge said he will issue a written ruling later. At stake is a key element of Microsoft’s challenge to the U.S. practice of secretly accessing customer data stored in the cloud, including e-mail.