It's far too idealist to be realistic, but they shouldn't be able to use that information for their own civil inquiry. If gmail or pgp were used they wouldn't have access to it, it being a Microsoft account shouldn't make its contents available to them for a private investigation. Of course it does and probably always will because they have lots of lawyers and terms of service, but I just disagree with them being able to.
I agree that if they have to do this investigation (and really they're the ones that will ultimately decide that) they shouldn't get anyone else involved - especially the criminal justice system.
I think what I'm trying to get at is that the conversation is turning here toward just how should Microsoft access the data they want, when it should be whether they should be able to at all. I don't like the idea that it's a given that they can take that information, and that's what should change here.
I agree that if they have to do this investigation (and really they're the ones that will ultimately decide that) they shouldn't get anyone else involved - especially the criminal justice system.
I think what I'm trying to get at is that the conversation is turning here toward just how should Microsoft access the data they want, when it should be whether they should be able to at all. I don't like the idea that it's a given that they can take that information, and that's what should change here.