Tools and Weapons: The Promise and The Peril of the Digital Age

by Brad Smith

When Microsoft receives a warrant, it typically comes through email. A compliance manager reviews the demand to ensure that it’s valid and signed by a judge, that the authorities have probable cause, and that the agency has jurisdiction over the information. If everything checks out, the compliance manager will pull the requested evidence from our data center. The data is reviewed for a second time to make certain that we are only producing exactly what’s specified in the warrant, and it’s then sent to the requesting authority. As one LENS employee explained to me, “It sounds simple, but it takes a lot of time to do a good job. You need to review the warrant itself, review the account information associated with it, pull the information, and then review it again to be certain that what you’re providing is appropriate.” When a compliance manager concludes that a warrant is too broad or the request exceeds an agency’s jurisdiction, the case is escalated to an attorney. Sometimes we ask for warrants to be narrowed. Other times we deem the warrant unlawful and refuse to comply.