Beyond the crypto architecture debate, I don't really understand how could anyone imagine a world where MS could just refuse such a request. How exactly would we draft laws to this effect, "the authorities can subpoena for any piece of evidence, except when complying to such a request might break the contractual obligations of a third party towards the suspect"?
Do we really, really, fully understand the implications of allowing for private contracts that can trump criminal law?
> How exactly would we draft laws to this effect, "the authorities can subpoena for any piece of evidence, except when complying to such a request might break the contractual obligations of a third party towards the suspect"?
Perhaps in this case they should be required to get a warrant rather than a subpoena?
Encrypt the BL key with the user's password? I mean there are a lot of technical solutions besides "we're gonna keep the BL keys in the clear and readily available for anyone".
This make little to no sense.
This is being reported on because it seems newsworthy and a departure from the norm.
Apple also categorically says they refuse such requests.
It's a private device. With private data. Device and data owned by the owner.
Using sleight of hand and words to coax a password into a shared cloud and beyond just seems to indicate the cloud is someone else's computer, and you are putting the keys to your world and your data insecurely in someone else's computer.
Should windows users assume their computer is now a hostile and hacked device, or one that can be easily hacked and backdoored without their knowledge to their data?
I don't think that many people here are naive enough to believe that any business would fight the government for the sake of its customers. I think most of us are simply appalled by this blatantly malicious behavior. I'm not buying all these "but what if the user is an illiterate, senile 90-year-old with ADHD, huh?" attempts to rationalize it away. it's the equivalent of the guy who installed your door keeping a copy of your keys by unspoken default - "what if your toddler locks himself out, huh?"
I know the police can just break down my door, but that doesn't mean I should be ok with some random asshole having my keys.
> don't really understand how could anyone imagine a world where MS could just refuse such a request
By simply not having the ability to do so.
Of course Microsoft should comply with the law, expecting anything else is ridiculous. But they themselves made sure that they had the ability to produce the requested information.
> Do we really, really, fully understand the implication of allowing private contracts that trump criminal law?
...it's not that at all. We don't want private contracts to enshrine the same imbalances of power; we want those imbalances rendered irrelevant.
We hope against hope that people who have strength, money, reputation, legal teams, etc., will be as steadfast in asserting basic rights as people who have none of those things.
We don't regard the FBI as a legitimate institution of the rule of law, but a criminal enterprise and decades-long experiment in concentration of power. The constitution does not suppose an FBI, but it does suppose that 'no warrant shall issue but upon probable cause... particularly describing the place to be searched, and the persons or things to be seized' (emphasis mine). Obviously a search of the complete digital footprint and history of a person is not 'particular' in any plain meaning of that word.
...and we just don't regard the state as having an important function in the internet age. So all of its whining and tantrums and pepper spray and prison cells are just childish clinging to a power structure that is no longer desirable.
They could just ask before uploading your encryption key to the cloud. Instead they force people to use a Microsoft Account to set up their windows and store the key without explicit consent