Microsoft will only give up your private files to the FBI if the FBI comes to them and requests information from them. Microsoft isn't the NSA. They aren't scanning all of your data looking for some sort of illegal behavior in your client files. If they have reason to suspect (security alert, FBI lead, NSA lead, lead from a tipster or something) that something in your files is showing that YOU are pirating software, or YOU are spamming people or YOU are breaking Microsoft ToS, or YOU are a terrorist, then they will go into your files.
I appreciate your input and perspective, really.
But in the world of criminal defense, this kind of thinking is considered naive. Of course Microsoft will only do what it thinks is right (I hope). But they are operating in "good faith," which is a legal term of art that means their duty is quite low.
As in, suppose a Microsoft rep gets a phone call from an FBI agent saying he's investigating a potential crime. The agent asks MS to send them copies of Vic's files because he is known to represent a suspect.
Microsoft says, "OK" in the good faith belief that it was a proper request.
Now I'm having to go to the court on a Motion to Suppress on 4th Amendment grounds because it was an unlawful search without probable cause. The State gets to respond: "your honor, Mr. Bottomly gave those files to Microsoft with out any limitation other than good faith. Voluntary disclosure to third parties on such limited terms is a waiver of confidentiality. It was not an unlawful search because there is no privacy issue...." And so forth.
Yes, it's things like this that keeps me awake at night. That and the sick cat.
I use Windows 7 Professional. The Windows 10 upgrade offers me the consumer version. I've tried negotiating with MS before with some success, but it is time consuming.
But, maybe I'm just a special case. As I look at the issue being discussed online, I see folks' reaction ranging from "what else is new" to "the world is ending."
I've never been a Microsoft basher. I've used its products since the early MSDOS days. I'm a fairly advanced user of MS Word and prefer it to all other options. But I've never let them on my system without being assured that, at least, I could sue them if they breached their agreement. With this agreement, there's not a whole lot of assurance. Renegotiating it on my terms is probably a tremendous hassle. Maybe more of us will jump on it.
I'm not sure where this all goes, but I'm mildly alarmed when I was complacent just a day ago.