Microsoft’s standing to sue over secret US data requests in question

Microsoft’s lawsuit objecting to the indiscriminate use by U.S. law enforcement of orders that demand user data without the opportunity to inform the customer may run into questions about the software giant’s standing to raise the issue on behalf of its customers.

A government motion to dismiss Microsoft’s complaint comes up for oral arguments Monday and significantly the judge said on Thursday that the issue of whether Fourth Amendment rights are personal or can be “vicariously” asserted by third-parties on behalf of their customers would have to be addressed by both sides. The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizure of property.

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