theregister.com - Under oath in French Senate, exec says it would be compelled – however unlikely – to pass local customer info to US admin
Microsoft says it "cannot guarantee" data sovereignty to customers in France – and by implication the wider European Union – should the Trump administration demand access to customer information held on its servers.
The Cloud Act is a law that gives the US government authority to obtain digital data held by US-based tech corporations irrespective of whether that data is stored on servers at home or on foreign soil. It is said to compel these companies, via warrant or subpoena, to accept the request.
Talking on June 18 before a Senate inquiry into public procurement and the role it plays in European digital sovereignty, Microsoft France's Anton Carniaux, director of public and legal affairs, along with Pierre Lagarde, technical director of the public sector, were quizzed by local politicians.
Asked of any technical or legal mechanisms that could prevent this access under the Cloud Act, Carniaux said it had "contractually committed to our clients, including those in the public sector, to resist these requests when they are unfounded."
"We have implemented a very rigorous system, initiated during the Obama era by legal actions against requests from the authorities, which allows us to obtain concessions from the American government. We begin by analyzing very precisely the validity of a request and reject it if it is unfounded."
He said that Microsoft asks the US administration to redirect it to the client.
"When this proves impossible, we respond in extremely specific and limited cases. I would like to point out that the government cannot make requests that are not precisely defined."
Carniaux added: "If we must communicate, we ask to be able to notify the client concerned." He said that under the former Obama administration, Microsoft took cases to the US Supreme Court and as such ensured requests are "more focused, precise, justified and legally sound."
