, an ex-Microsoft employee was arrested for leaking trade secrets and internal Windows related software builds to a blogger. Court documents revealed that Microsoft snooped into Outlook/Hotmail accounts of the blogger to crack down this case. Some news sites accused Microsoft for snooping customer’s (in this case blogger’s) email account. Electronic Frontier Foundation today raised the same issue criticizing Microsoft for searching blogger’s Outlook/Hotmail contents without court warrant. To the contrary, if Microsoft’s independent legal team concluded that there was probable cause, it could have passed the tipster’s information to the FBI to obtain a warrant and conduct the search under the auspices of the criminal justice system. The warrant protections enshrined in the Constitution would be preserved, ECPA would be satisfied, and Microsoft could have claimed the high moral ground. Instead, Microsoft has opted for an internal corporate shadow court. To be sure, the process described in Microsoft’s statement ...

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