An In-Depth Look at Microsoft’s Spy Guide – NYTimes.com

The implications of this are staggering, but the most confounding of them all is that there could not possibly be enough warrants to justify the sum total of requests that digital companies are handed by law enforcement seeking user data. Our sources all confirmed that without question, LE and government officials are often given user data by companies such as Microsoft without having to provide any kind of justification – not legal documents, not proof of criminal activity and not evidence of guilt.

What About the Fourth Amendment?

And then, there are the less widely known reasons that LE or federal agencies would gain access to user data – programs such as government data mining or Project Carnivore (which is essentially the wiretapping scandal of the digital sphere). Again, our sources confirmed that LE’s desire to see user data is often the only reason a digital company would need to turn over information – warrantless wiretapping all over again.

An In-Depth Look at Microsoft’s Spy Guide – NYTimes.com