What would you think
if the federal government goons claimed the authority to force your bank to
provide them with a key to your safe deposit box so that they could open it and
rifle through your papers and possessions any time they liked without your
knowledge?
You would want your
bank to say no to the goons, wouldn’t you? You would want your bank to tell you
about what the goons were after so that you could object and fight the goons
yourself, wouldn’t you? But suppose the goons wouldn’t take no for an answer
and threatened to punish your bank if it told you what was going on?
I think you would
want your bank to fight those goons. And that is exactly what technology
companies like Apple and Microsoft are doing today – fighting the goons over
their claims of authority to violate your constitutional rights.
Apple fought the FBI
when its goons insisted that the company was required by law to produce a
backdoor to encryption software on customers’ i-phones. And now Microsoft is suing the government goons who claim
authority to force the company to violate your privacy by turning over its
customers’ email and online files for examination by the goons without your
knowledge.
Yes, the federal goons claim the authority to
violate your individual privacy rights – to look at your emails, photos, financial
records and personal possessions – documents that you store online with
providers like Microsoft. And Microsoft is saying no. Microsoft is saying that the goons are
attempting to abuse whatever authority they have under the law – like insisting
that Microsoft be prohibited forever from notifying its customers about what is
going on. Those
"non-disclosure" orders violate its constitutional right to free
speech, as well as its customers' protection against unreasonable searches.
"We
appreciate that there are times when secrecy around a government warrant is
needed," Microsoft Corp. President Brad Smith
said in a statement. "But based on the many secrecy orders we have
received, we question whether these orders are grounded in specific facts that
truly demand secrecy. To the contrary, it appears that the issuance of secrecy
orders has become too routine."
“It’s
very important for businesses to know when the government is accessing their
file room, whether the file room is down the hall or in the cloud," Smith continued,
noting that consumers and privacy groups have expressed concern about the
issue. “People shouldn’t lose their rights simply because technology is
moving to the cloud.”
Never-mind insists Bill Fitzpatrick, president of the National District Attorney’s
Association. He claims that Microsoft’s position is “obscene.” “I don’t know what’s in the water
over there at Microsoft or Apple corporate headquarters, but this is
ridiculous,” he
said. “If I’m tracking a serial sex offender, child pornographer or a
human-trafficking ring, I can’t tip these people off.”
I suppose he thinks his goons have the authority to
break into your home without your knowledge too if they think you might be a
sex offender. That’s their attitude – violate constitutional rights and ask
questions about it later.
But Microsoft, to its credit, is finally fed up with
and fighting the federal goons.
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