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The article explicitly states a legal opinion -- that Microsoft violated the EPCA. The author is a lawyer. Come on.

• rdl 13y ago
  "At first blush, Microsoft’s unilateral decision to rifle through its user’s emails sounds like a violation of the Electronic Communications Privacy Act, ECPA. We at EFF have called for critical updates to ECPA’s privacy protections, but the law is fundamentally designed to protect email from this kind of snooping, albeit with some narrow exceptions." The charge is that they violated the spirit but not the letter of ECPA