A call for principle-based international agreements to govern law enforcement access to data

I must say, Microsoft has a flair for timing, what with publishing this on the 17th anniversary of 9/11. It's a good day for attempting to redefine the relationship between law enforcement and those who hoard our data. That relationship as it stands today has been shaped in no small part by what followed that dreadful day.

Quote from their post, emphasis theirs.

The following principles will guide our advocacy as governments shape international legal frameworks that address these critical questions. These principles also build on our ongoing efforts to protect our customers’ data and enhance their privacy.

1. The universal right to notice – Absent narrow circumstances, users have a right to know when the government accesses their data, and cloud providers must have a right to tell them.

2. Prior independent judicial authorization and required minimum showing – Law enforcement demands for content and other sensitive user data must be reviewed and approved by an independent judicial authority prior to enforcement of the order, and only after a meaningful minimum legal and factual showing.

3. Specific and complete legal process and clear grounds to challenge – Cloud providers must receive detailed legal process from law enforcement to allow for thorough review of the demand for user data, and must also have clear mechanisms to challenge unlawful and inappropriate demands for user data.

4. Mechanisms to resolve and raise conflicts with third-country laws – International agreements must avoid conflicts of law with third countries and include mechanisms to resolve conflicts in case they do arise.

5. Modernizing rules for seeking enterprise data – Enterprises have a right to control their data and should receive law enforcement requests directly.

6. Transparency – The public has a right to know how and when governments seek access to digital evidence, and about the protections that apply to their data.

Kudos to Microsoft.