LinkedIn fights for the right to tell customers when the feds want their data

Microsoft's chief legal officer, Jon Palmer, has called for greater oversight and limits on government subpoenas demanding information about LinkedIn users. LinkedIn, owned by Microsoft, is fighting against overbroad subpoena requests from the US government that often come with secrecy orders preventing the company from notifying customers whose data is being sought.

Palmer argues that while law enforcement has a role in protecting public safety, customers deserve meaningful limits and independent review of government demands.

The issue at hand is complex, as law enforcement relies on these subpoenas to investigate illegal activities. However, the theoretical justification for keeping information secret is to prevent the target from destroying evidence or fleeing the jurisdiction. Microsoft suggests that courts and Congress need to step in to curb blanket government demands.

Palmer points to a recent legislative effort in the US House of Representatives that could limit secrecy orders and strengthen notice protections when the government seeks data from technology providers. He emphasizes that secrecy should be the exception, subject to rigorous review and tailored to demonstrated needs.

LinkedIn is currently involved in a privacy lawsuit accusing the company of violating customer privacy rights. While another case was dismissed by a federal judge, plaintiffs were given permission to refile with amendments. Privacy experts argue that privacy concerns are deeply intertwined with data stewardship, affecting how companies collect, use, and disclose customer information.

Microsoft's stance on this matter is seen as both ironic and critical, as it balances the need to protect its own data while advocating for user privacy rights.