前联邦检察官、现任Dorsey & Whitney LLP网络犯罪合作伙伴的Nick Ackerman告诉Bloomberg Law，这些法律和微软的原则给予消费者"更大的权利，让他们能够确定收集的数据内容和数据分享的对象。"
佐治亚理工学院隐私和安全教授兼Alston & Bird LLP高级顾问Peter Swire告诉Bloomberg Law，在云计算时代，数据访问问题的重要性日益增加。"过去，犯罪的证据通常都保存在当地，而现在，证据由通常位于其他国家/地区的云提供商持有。"
位于加利福尼亚州山景城的Fenwick & West LLP的隐私顾问、前加利福尼亚州北区美国律师协会助理Hanley Chew告诉Bloomberg Law，任何一般通知要求的例外情况都"将使该规则无效。"
Microsoft Corp. is calling on governments to follow a set of principles for cross-border data access policies, including independent judicial review and dispute resolution mechanisms.
Microsoft’s Sept. 11 call for law enforcement data access standards follows the European Commission’s introduction last week of proposed e-evidence legislation. In March, Congress passed legislation governing how U.S. law enforcement can access data overseas.
The company laid out six principles that it said “have driven, and will continue to drive, our advocacy as governments reform their laws and negotiate international agreements.”
Microsoft urged government officials to allow cloud providers to notify users about government access to data; give providers a path for challenging such requests; seek data directly from companies rather than cloud providers when possible; and provide for transparency, in addition to calling for judicial review and dispute mechanisms.
The principles are in line with the European Union’s General Data Protection Regulation and California’s new data privacy law, and cloud computing trends, former federal prosecutors and government officials told Bloomberg Law.
Both of those laws and the Microsoft principles give consumers “greater rights in being able to determine what data is being collected and who it is being shared with,” Dorsey & Whitney LLP cybercrime partner Nick Ackerman, a former federal prosecutor, told Bloomberg Law.
Data access issues have become much more important in the cloud computing era, Peter Swire, privacy and security professor at the Georgia Institute of Technology and senior counsel with Alston & Bird LLP, told Bloomberg Law. “Evidence of a crime used to be held locally, now the evidence is held by a cloud provider often located in other countries,” Swire said.
Microsoft said it is trying to build on “ongoing efforts to protect our customers’ data and enhance their privacy” with the recommendations.
Although the company called for the right to notify users when law enforcement collects data related to a crime, such a right likely wouldn’t work absent some exceptions, former federal prosecutors and government officials told Bloomberg Law. The U.S. Fourth Amendment and judicial processes already provide customer with sufficient notice, they said.
But exceptions to any universal notice requirement “would swallow the rule,” Hanley Chew, of counsel for privacy at Fenwick & West LLP in Mountain View, Calif. and former assistant U.S. Attorney in the Northern District of California, told Bloomberg Law.
Prosecutors would use exceptions and the judicial process to obtain non-disclosure agreements of limited duration to keep investigations confidential, Chew said.