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Here's Everything Microsoft Is Letting the Government See AP / The Atlantic
Wire ****

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http://www.theatlanticwire.com/technology/2013/07/heres-everything-microsoft-letting-government-see/67096/
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Philip Bump and Rebecca Greenfield 2,086 Views Jul 11, 2013****

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For the first time, The Guardian is detailing how a tech company works with
the National Security Agency to share user information under the NSA's
PRISM program. Unfortunately, that tech company happens to be Microsoft,
the one that makes the operating system used on 92 percent of computers in
the world.****

** **

The tone of the report (and Microsoft's statement about it) contrasts
significantly with what the company said when PRISM was revealed. The
Guardian, using documents obtained from NSA leaker Edward Snowden, paints
Microsoft as a compliant partner in creating windows and doors in their
software for the government to access.****

** **

Before we get to the mechanics, we'll answer the obvious: Which Microsoft
products are covered? Primarily the web-based ones. There are three
specific Microsoft services that the NSA has privileged access to: Outlook,
SkyDrive, and Skype. Given the revelations, here's a service-by-service
breakdown of what's probably not safe from the NSA's prying eyes:****

** **

Outlook: No Emails or Chats to or from This Service Are Safe. We already
knew that the government had "direct access"-or something like it-to all of
Microsoft's data as a part of the PRISM program outlined in June. Up until
2011, the NSA had been collecting all e-mail metadata for everyone, which
did not include the content, but location, name, date, and other revealing
information. PRISM, however, gives the government access to more than just
that. However, up until now, it was safe to assume encrypted (encoded)
messages (as described here) might not be readable. The Guardian suggests
that's not the case: meaning all e-mails and encrypted chats-even ones
specifically meant just for certain people to see, could fall into the
NSA's hands. ****

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SkyDrive: Some Computer Files Are Not Safe. For people who use SkyDrive,
any of the documents, or pictures, or anything linked up with the service
are vulnerable. The cloud service automatically syncs any stuff in its
folders.****

When first setting up the service, by default the app creates Documents,
Pictures, and Public folders, but you can tinker with what gets put in
there, so it's user-dependent. Some people might sync all their folders
just in case their hard drive crashes, or something-all of which the NSA
could potentially see.****

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Skype: Audio and Video Content of Phone Calls Are Not Safe. In addition to
Skype chat, the NSA has access to audio and video of calls. "Now, analysts
will have the complete 'picture'," one document obtained by The Guardian
says. In other words, the government has a veritable wiretap on Skype
conversations. "Feedback indicated that a collected Skype call was very
clear and the metadata looked complete," read another document. ****

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The standard caveat applies here: the NSA is not allowed to collect data on
Americans, though the FBI can with a warrant. But the NSA defines
non-American as being a 51 percent likelihood that the person is overseas.**
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And any communication between an American and a non-American could be swept
up by the agency.****

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>From Microsoft's "Safety and Security Center."****

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The Microsoft revelations stem from what Guardian reporter Glenn Greenwald
calls "an internal, ongoing NSA bulletin" produced by the NSA's Special
Source Operations (SSO) division. The SSO, the article notes, was
"described by Snowden as the 'crown jewel' of the agency," and the one that
manages the relationships with tech companies under PRISM.****

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In Microsoft, it had a willing partner. The company's original statement
downplaying its work with the government stated that it provided the Feds
with data "only when we receive a legally binding order or subpoena."****

Today's revelations suggest that this caveat-while undoubtedly true-is a
bit like erecting a thick wall through which you've drilled a
velvet-rope-protected tunnel. The government is kept out-but if they want
access, it's trivial. (Other companies, like Yahoo, put up more of a fight,
albeit earlier.)****

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For example:****

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    The files show that the NSA became concerned about the interception of
encrypted chats on Microsoft's Outlook.com portal from the moment the
company began testing the service in July last year.****

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    Within five months, the documents explain, Microsoft and the FBI had
come up with a solution that allowed the NSA to circumvent encryption on
Outlook.com chat.****

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The government's desire to peel back encryption has been known for some
time. In May, prior to the Snowden revelations, The Times reported on the
FBI's efforts to intercept encrypted messages. At the time, the paper
suggested that Obama was "on the verge of" approving a system to force that
to happen. The FBI probably found that story somewhat amusing.****

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Microsoft was compliant on allowing SkyDrive access, too. "An entry dated 8
April 2013 describes how the company worked 'for many months' with the FBI .
****

to allow Prism access without separate authorization" to SkyDrive. In other
words-once an analyst has access to your Outlook, it's got access to
SkyDrive, too, without having to make a separate request to higher-ups.
(The entry also suggests that analysts "may not have known" that additional
approval was required anyway.)****

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While the Guardian article singles out Microsoft, there is little reason to
think that other companies implicated in the PRISM program-Apple, Google,
AOL, Facebook-did much to make the NSA's work harder. Which is why our
guide to hiding from the NSA started with one admonition: using companies
known to collaborate with the government is not a good way to keep the
government from collecting your data.****

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Update, 4:25 p.m.: A spokesperson for Microsoft provided The Atlantic Wire
with a response to the article. It largely mirrors the statement provided
to the paper. One addition to the original statement is in bold below.****

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    We have clear principles which guide the response across our entire
company to government demands for customer information for both law
enforcement and national security issues.  First, we take our commitments
to our customers and to compliance with applicable law very seriously, so
we provide customer data only in response to legal processes.  Second, our
compliance team examines all demands very closely, and we reject them if we
believe they aren't valid.  Third, we only ever comply with orders about
specific accounts or identifiers, and we would not respond to the kind of
blanket orders discussed in the press over the past few weeks, as the
volumes documented in our most recent disclosure clearly illustrate. To be
clear, Microsoft does not provide any government with blanket or direct
access to SkyDrive, Outlook.com, Skype or any Microsoft product. Finally
when we upgrade or update products legal obligations may in some
circumstances require that we maintain the ability to provide information
in response to a law enforcement or national security request. There are
aspects of this debate that we wish we were able to discuss more freely.****

That's why we've argued for additional transparency that would help
everyone understand and debate these important issues.****

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The "direct access" question has been an ongoing point of contention
between the companies and the outside observers, which we've written about
before.****

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