Adobe vs. US Government: Adobe Wins Challenge Of Government Gag Orders For User Data Requests

A U.S. federal court ruled Adobe could not be gagged indefinitely by the government about search warrants issued for contents of its customer’s accounts.

The recently unsealed ruling handed down by the U.S. District Court in Los Angeles found the ongoing gag order imposed on Adobe failed scrutiny because “the government does not contend, and has made no showing, that Adobe’s speech will threaten the investigation in perpetuity.”

Read: Microsoft Vs. U.S. Government: Company Wins The Right To Sue On Behalf Of Customers Over Secrecy Orders

When law enforcement agencies request user data and communications from companies, it will often place a gag order on the company to prevent the target from finding out the data was accessed by the government.

In many cases, including the Adobe case central to the court ruling, those orders are indefinite, meaning the customer will never be informed the government pursued their accounts and information.

While the gag orders are initially issued to prevent any interference into an investigation, at a certain point that information will pose no threat to law enforcement action. Judge Paul S. Grewal essentially said in his ruling that once there is no longer any risk of interference, there is no reason to continue the gag order.

“The [gag order] manifestly goes further than necessary to protect the government’s interest,” Grewal wrote in his decision, noting there are other, equally effective and less restrictive alternatives available to law enforcement.

Read: Email Privacy Act: Congress Passes Bill That Requires Law Enforcement To Get Warrant To Retrieve Emails

The ruling could have further implications. The law invoked in the Adobe case, 18 U.S.C. § 2705(b), is the same one being challenged by Microsoft. Earlier this year, Microsoft won a decision that allowed it to continue to pursue the right sue the U.S. Department of Justice on behalf of its customers over the government’s practice of forcing companies to withhold information about law enforcement searches of data and communications.

Microsoft said it has received 2,576 gag orders over demands for data in the last 18 months, 1,752 — or 68 percent — of which had no end date.