Microsoft is no longer pursuing legal action against the Department of Justice now that the department has opted to alter its gag order policies. The DoJ issued a new binding policy that mandates prosecutors attach better reasons to their gag order applications. The policy also makes obtaining an indefinite order harder. With these limitations, Microsoft feels pursuing the case isn’t necessary.
It was suing the DoJ on behalf of itself and other companies who’ve been prevented from telling customers when the government is asking for their data.
Microsoft’s chief legal counselor Brad Smith called the new policy an “important step for both privacy and free expression.”
It is an unequivocal win for our customers and we’re pleased the DOJ has taken these steps to protect the constitutional rights of all Americans. – Smith
The company recognizes gag orders are legitimate in some cases. It filed its case last year due to what it considered a disturbing trend of gag order abuse, which should be stopped by the new policy.