Microsoft may publish information about FBI’s Office 365 queries

Microsoft has enforced a court order to release information about secret FBI requests to disclose information. The case involved data from a customer who used Microsoft Office 365. Microsoft had to hand over information from the online Office service in 2013.

Technology companies have been calling for months that they want to be more transparent about their obligation to hand over data at the request of the FBI. These are national security letters. The tech companies are not even allowed to communicate that they have received such requests.

If the FBI demonstrates that the data retrievals take place in the context of terrorism investigation, no permission from the court is also required. However, the judge found that the public has a right to know that Microsoft receives such requests. Microsoft’s objection to the security letter and an agreement with the Ministry of Justice may therefore be released. Microsoft has taken an important step in the fight for more openness with the permission of the judge. Previously, for example, Google got zero on the bill.

The case involved data requests related to an undisclosed company that used Microsoft’s online Office 365 suite for email and office tasks. Microsoft challenged the national security letter because it violates the First Amendment to the US Constitution, after which the FBI withdrew the request.

However, Microsoft did not stop and wanted to enforce in court that it could release information about the retrievals. The Seattle District Court agreed. Microsoft is delighted with the verdict. “Fortunately, government requests for data from enterprise customers are very rare, so we rarely have to litigate about these kinds of problems,” Microsoft said.