[nikster]

I hope he can sue them and win.

What Microsoft should have done is obvious: Get the case before a judge and get a search warrant. Use the search warrant to access the communications.

Just because you own the email servers doesn't mean you get to play judge and jury.

[kvb]

On what grounds? IANAL (and I am a Microsoft employee), but this makes no sense to me. As far as I know, warrants are for government agencies, not companies. And assuming a civil case where they were demanding that the provider turn over the emails, wouldn't their conversation with the judge go something like this?

Microsoft: “Judge, we demand that Microsoft turn over these emails.” Judge: “???”

(that is, can you even procedurally attempt to force discovery against yourself?)

Not to mention that the EULA seems to pretty clearly cover exactly this scenario.

[itsdrewmiller]

While the EULA may "clearly cover exactly this scenario" do you think it would be as easy to extract the information if it was a google or apple trade secret? I kind of think MS would go to the mat for user privacy in that circumstance.

[kvb]

Well, as I tried to allude to, in those cases Apple or Google would file a motion to compel Microsoft to disclose the info. Is it even possible under the rules of civil procedure for Microsoft to file a motion to compel itself to disclose something? Again, I'm not a lawyer, but my understanding is that a judge isn't going to hear the argument if there's no case, even if Microsoft did want the same level of scrutiny.

[pionar]

Yeah, the general rule is that you can't sue yourself, since you can't collect any damages.