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AP Photo/Ted S. Warren

Microsoft admits it snooped on blogger's emails to track company leaks

The decision was taken after an ex-Microsoft employee leaked early copies of Windows 8 and Windows 7 to a tech blogger.

MICROSOFT, WHICH HAS skewered rival Google for going through customer emails to deliver ads, acknowledged Thursday it had searched emails in a blogger’s Hotmail account to track down who was leaking company secrets.

John Frank, deputy general counsel for Microsoft, which owns Hotmail, said in a statement that the software company “took extraordinary actions in this case.” In the future, he said, Microsoft would consult an outside attorney who is a former judge to determine if a court order would have allowed such a search.

The case involves former employee Alex Kibkalo, a Russian native who worked for Microsoft as a software architect in Lebanon.

According to an FBI complaint alleging theft of trade secrets, Microsoft found Kibkalo in September 2012 after examining the Hotmail account of the blogger with whom Kibkalo allegedly shared proprietary Microsoft code. The complaint filed Monday in federal court in Seattle did not identify the blogger.

“After confirmation that the data was Microsoft’s proprietary trade secret, on September 7, 2012, Microsoft’s Office of Legal Compliance (OLC) approved content pulls of the blogger’s Hotmail account,” says the complaint by FBI agent Armando Ramirez.

The search of the email account occurred months before Microsoft provided Ramirez with the results of its internal investigation in July 2013.

The email search uncovered messages from Kibkalo to the blogger containing fixes for the Windows 8 RT operating system before they were released publicly. The complaint alleges Kibkalo also shared a software development kit that could be used by hackers to understand more about how Microsoft uses product keys to activate software.

Besides the email search, Microsoft also combed through instant messages the two exchanged that September. Microsoft also examined files in Kibkalo’s cloud storage account, which until last month was called SkyDrive. Kibkalo is accused of using SkyDrive to share files with the blogger.

Kibkalo has since relocated to Russia, the FBI complaint says.

Frank said in his statement that no court order was needed to conduct the searches.

“Courts do not issue orders authorising someone to search themselves,” he said. “Even when we have probable cause, it’s not feasible to ask a court to order us to search ourselves.”

Hotmail’s terms of service includes a section that says, “We may access or disclose information about you, including the content of your communications, in order to… protect the rights or property of Microsoft or our customers.”

Redmond, Wash.-based Microsoft has taken a defiant stand against intrusions of customer privacy, in the wake of National Security Agency systems analyst Edward Snowden’s revelations of government snooping into online activities.

General counsel Brad Smith said in a blog post in December that Microsoft was “especially alarmed” at news reports of widespread government cyber-spying.

Microsoft also has a long-running negative ad campaign called “Scroogled,” in which it slams Google for scanning “every word in every email” to sell ads, saying that “Google crosses the line.”

Read: Pfizer, IBM and Microsoft to show small Irish businesses how to make it big >

Read: Watch: This is what Microsoft’s answer to Siri will look like >

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3 Comments
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    Mute David Corrigan
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    Dec 2nd 2021, 2:37 PM

    A hit for the team?
    I’m sure the people in the hospitality sector are delighted with that.

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    Mute Cynical
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    Dec 2nd 2021, 2:50 PM

    @David Corrigan: Maybe read past the headline.

    He’s saying that because they are trying to push for more supports for the hospitality sector and less supports for industries less affected.

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    Mute David Corrigan
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    Dec 2nd 2021, 3:28 PM

    @Cynical: You should stop trying to be smart. It really doesn’t suit you. I know what he’s saying.
    My point is still valid i.e. I am sure the people working in hospitality don’t feel good at the moment as they have no idea if they can make an income by working or if there will be supports in place.
    Do you understand that?

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    Mute Cynical
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    Dec 2nd 2021, 4:13 PM

    @David Corrigan: I’m pointing out that you’re incorrectly taking the quote out of context and the phrase is being used here to show support to the sector, acknowledging what they have sacrificed for this imperfect situation, in an effort to convince other members of government to increase support only for those that need it.

    So again, even if The Journal try to bait your emotions, please read the article after the headline.

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    Mute john smith iv
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    Dec 2nd 2021, 2:45 PM

    What’s the endgame?

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    Mute Mossy Lynch
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    Dec 2nd 2021, 3:03 PM

    @john smith iv: pretty much the same as the marvel one :)

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    Mute Rob Hunt
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    Dec 2nd 2021, 3:06 PM

    @Raymond Scott: Hi Raymond, totally agree. I also need some advice if you have a minute. I’ve been trying to make a hat from the Dunnes own brand tinfoil but I don’t think it’s a heavy enough gauge. I don’t want to waste more money than required because most of my savings are in gold and crypto, but have you tried any of the premium foil brands and would there be any that you’d specifically recommend?

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    Mute Gavin Conran
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    Dec 2nd 2021, 3:27 PM

    @Raymond Scott: “fully controlled” – fully controlled how exactly?

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    Mute Raymond Scott
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    Dec 2nd 2021, 3:36 PM

    @Rob Hunt: ridicule all you want, you not see the pattern? Think all happens coincidental? I predict before xmas Irish government will ban non vaccinated from non essential shops and announce mandatory vaccination. Like just happened today in Germany. I cant help you see.

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    Mute Raymond Scott
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    Dec 2nd 2021, 3:38 PM

    @Gavin Conran: that is the simple part. How do they ban un vaccinated from restaurants now? Just make sure the app shows red cross if eg you havent paid taxes due etc. Whatever condition.

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    Mute john smith iv
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    Dec 2nd 2021, 4:25 PM

    @Raymond Scott: sounds good. Looking forward to doing all that and having a beer.

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    Mute john smith iv
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    Dec 2nd 2021, 4:26 PM

    @Rob Hunt: what’s the end game, Rob?

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    Mute Marty Lawless
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    Dec 2nd 2021, 2:54 PM

    A hit for who’s team Leo the leak

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    Mute Paul Power
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    Dec 2nd 2021, 3:00 PM

    Now that FF are a charity, Leo might encourage FF to support the people affected.

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    Mute lorcmulv
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    Dec 2nd 2021, 2:52 PM

    What about supporting the staff – they too will feel the the loss of earnings this Christmas

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    Mute James
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    Dec 2nd 2021, 3:59 PM

    A hit for the team!!!easy to know this man is not self employed.coming up to Christmas with doors closed probably a few of them will not be opening the doors again.

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    Mute Mick Dunne
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    Dec 2nd 2021, 2:37 PM

    This government = a grinch

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    Mute Damien McDaid
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    Dec 2nd 2021, 2:45 PM

    Bring back the previous rates of EWSS support to end of March 22

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    Mute Liam MacSuibhne
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    Dec 2nd 2021, 2:34 PM

    Peace by inches.

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    Mute stephen Judge
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    Dec 3rd 2021, 9:04 AM

    We already have staff moving on to reduced hours due to the impact the latest government advice has had on trade, there are no supports for them now are there? They have rent and bills to pay now not next week

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