13-05-2025
The Wiretap: DOJ Slams Microsoft Over Failures To Give It Suspect Emails
Microsoft and the Justice Department have had a significant falling out.
In a previously-unreported motion filed by the Pennsylvania DOJ office in February, prosecutors accused Microsoft of failing to provide data from unnamed users' email accounts in response to a December search warrant filed by the Drug Enforcement Agency. The DOJ said Microsoft had also failed to offer sufficient excuse for repeated delays in providing the information, other than to blame a 'backlog' of data requests.
While the government is yet to disclose what exact data it wanted or the nature of the investigation, it complained, 'Microsoft's unjustified delay continues to hinder the government's ability to identify and apprehend the perpetrators, prevent ongoing harm, and collect and preserve evidence,' DOJ prosecutors wrote.
After threatening to ask a judge to declare Microsoft in contempt, the company did eventually provide the data in mid-February–long after its original two-week deadline–thus avoiding any reprimand.
But before that, the DOJ had made it clear Microsoft was a repeat offender, writing, 'Unfortunately, Microsoft's non-compliance with the deadline in the search warrant is not an isolated incident. Indeed, in this district, Microsoft regularly and substantially fails to comply with this court's imposed deadlines. These violations of court-imposed deadlines not only evince an unjustified contempt of court but also adversely affect the government's ability to investigate, disrupt, and prosecute crimes.'
The DOJ declined to comment. Microsoft hadn't provided comment at the time of publication.
What's apparent from the filing, and the emails between the DOJ and Microsoft the Justice Department attached to its motion, is that the tech giant is finding it difficult to respond to the mass of data demands made not only by the U.S. government, but also nations across the world. According to Microsoft's own data it receives between 26,000 and 28,000 law enforcement requests every six months.
That's nothing compared to Google, which has been dealing with over 200,000 requests every six months. As Forbes previously reported, that's helped generate a significant backlog at Google too. It has tried to get AI to help process orders, with limited success. Why companies sitting on such huge cash piles aren't willing to expand teams responsible for handling police requests remains a mystery.
Got a tip on surveillance or cybercrime? Message the reporter Thomas Brewster on Signal at +1 929-512-7964.
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