Microsoft Privacy Policy Change: Hotmail Account Hack Leads Terms of Service Changes, Includes Law Enforcement
Following controversy of Microsoft accessing a user's Hotmail account, the Redmond-based company has issued changes in future similar instances.
In 2012, Microsoft had its investigators enter a Hotmail account of someone trafficking the company's source code. Recently, news of the incident caused concern from email users across all brands. As a result, Microsoft has had internal conversations and with advocacy groups and experts on how they should address future cases yet maintain privacy.
Microsoft's solution is to use the government -- specifically, law enforcement.
"Effective immediately, if we receive information indicating that someone is using our services to traffic in stolen intellectual or physical property from Microsoft, we will not inspect a customer's private content ourselves. Instead, we will refer the matter to law enforcement if further action is required," wrote Microsoft's General Counsel and Executive Vice President for Legal and Corporate Affairs Brad Smith on the company's Technet blog.
Smith noted the change will be added to the company's customer terms of service "so that it's clear to consumers and binding on Microsoft."
According to Smith, it has been "uncomfortable" to listen to the criticism the company received. He added, however, Microsoft had accessed the Hotmail account lawfully based on current terms of service protocol, yet customers raised concerns about their privacy. Smith has viewed the privacy concerns by consumers as "legitimate."
"While our own search was clearly within our legal rights, it seems apparent that we should apply a similar principle and rely on formal legal processes for our own investigations involving people who we suspect are stealing from us," Smith stated, acknowledging people's "rightly focus" on personal data is due to the current "post-[Edward] Snowden era." "Therefore, rather than inspect the private content of customers ourselves in these instances, we should turn to law enforcement and their legal procedures."
The reveal of Microsoft accessing the user's Hotmail account has also led to the company to figure how to maintain a balance in consumer privacy interests yet protecting people and security on the Internet. Smith stated such "balance" has been an "important question" across the tech industry and requires broader discussion instead of solely becoming a Microsoft matter.
Microsoft has contacted advocacy groups to seek responses on similar important issues. Groups such as the Center for Democracy and Technology (CDT) and the Electric Frontier Foundation have participated with Microsoft to help identify better practices in digital services.
"We've agreed to help support this effort and will participate wholeheartedly. We hope that other companies will join in as well," said Smith. "Ultimately, these types of questions affect us all, and they will benefit from even more of the thought-provoking discussions that the events from last week have encouraged."
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