Comment Re:Bad summary (Score 1) 206
Much as I hate to defend Microsoft, the summary mischaracterises Microsoft's statement. Microsoft is saying that it already had the right to search the mailbox, so a court would not have issued an order.
This is such a grey area and I would be surprised if there is not some precedent in law that would classify reading someone's mail and private data as a serious offence without the express permission of the owner of that data or a court order requesting such access. Stating that we own the infrastructure therefore we have the right to do what we please is not a valid excuse.
Consider the following. Say a person owns the building that houses a post office, would they have the right to enter that post office and demand to read mail without proper legal permission? Why would private email be any different from private physical correspondence?
When acting as a System Admin on occasion I was approached by management requesting me to read other peoples email which I promptly denied stating that I would need a court order to do this. The reason for requesting a court order is mainly to cover yourself in case there were legal implications. The only thing relating to email which was acceptable was checking if particular email had been sent and where too, which required a check of the logs. Even then I required written permission to do this. Was I being overly cautious? Well yes since it may not be a good excuse in a court of law stating that I was ordered by management to do specific investigations without the proper legal authority.
Was Microsoft breaking the law demanding that the particular System Admin read certain mail for them? Well I would hate to be in that System Admin shoes right now since they effectively did the "break and enter" while management can sit back with a smug look on their face.