SAN FRANCISCO — Microsoft has sued the U.S. government for demanding access to user e-mails or online files in secret, saying a provision of a 1986 law that authorities use for such undisclosed searches is unconstitutional.
The lawsuit is the latest clash over privacy rights in the digital age. Law enforcement officials want freedom to view a treasure trove of information — including e-mails, photos and financial records — that customers are storing on electronic gadgets and in so-called “cloud” computing centers.
Microsoft says the U.S. Justice Department is abusing the decades-old Electronic Communications Privacy Act, which allows authorities to obtain court orders requiring it to turn over customer files stored on its servers, while in some cases prohibiting the company from notifying the customer.
Microsoft says those “non-disclosure” orders violate its constitutional right to free speech, as well as its customers’ protection against unreasonable searches.
A Justice Department spokeswoman said the government is reviewing the lawsuit, which was filed Thursday in Seattle federal court.
One former federal official was critical of Microsoft’s position, saying it could lead to warning “child molesters, domestic abusers, violent criminals and terrorists that they’re being investigated.”
But Microsoft argues the law sets a vague standard for granting secrecy around digital searches.
The Redmond, Wash.- based company says authorities used the law to demand customer information more than 5,600 times in the past 18 months. In nearly half those cases, a court ordered the company to keep the demand secret.
