Microsoft and CISA (CISPA)

Let’s make it clear that CISA is nothing more than CISPA missing a ‘P’.

Now, why I won’t soon be moving to Windows 10-

How Would Microsoft’s User Agreement Work with CISA?

By emptywheel

August 17, 2015

(W)hen I hear about the many privacy problems with Microsoft 10 – including the most recent report that it will send data to Microsoft even if you’ve disabled some of the spy features on the operating system. Is this the kind of thing Comey had in mind?

I’m even more intrigued given the report that Microsoft changed its Services Users Agreement to permit it to scan your machine looking for counterfeits.



Add that to this part of the Users Agreement, which permits Microsoft to retain, transmit, and reformat your content, in part “to protect you and the Services.”



The two together seem to broadly protect not just Microsoft sharing data with the government under CISA, but also deploying countermeasures, as permitted under the Cyber Intelligence Sharing Act.



This Service Agreement would seem to imply consent for automatic updates including those that disable what gets called a cybercrime under the bill (that is, counterfeit software) and a general consent to let Microsoft do what it needs to to “protect you and the Services.”

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