Microsoft denies mail blockade at the International Criminal Court

The dispute over who disconnected the chief prosecutor of the International Criminal Court (ICC), Karim Khan, from his Microsoft-based email account continues. Microsoft's President Brad Smith emphasized to journalists on Wednesday that Microsoft had neither terminated nor suspended its services for The Hague court. The 66-year-old reportedly said that the measures taken by Microsoft had “in no way included the termination of services to the ICC”. The AP news agency had previously reported that Microsoft had blocked Khan's email account due to sanctions imposed by US President Donald Trump against the court.

A Microsoft spokesperson explained vaguely to heise online at the time: “We have been in contact with the ICC since February throughout the process that led to excluding the sanctioned official from Microsoft services.” The company had maintained its services for the court at all times. However, Smith also did not want to comment on the exact circumstances that led to Khan's email access being shut down. The ICC also declined to comment. According to WirtschaftsWoche, Microsoft wants to have found a way out of the “Trump trap”. The US company hopes to be able to comply with the Republican's sanctions without shutting down customer accounts. Lawyers have come to the conclusion that Microsoft is merely providing a technical platform. Customers would therefore have to decide for themselves whether to grant their employees access to the services. Microsoft would no longer intervene in scenarios such as the ICC case.

In May, the Open-Source Business Alliance (OSBA) described Microsoft's actions “in this context and with this impact” as unprecedented. The sanctions ordered by the USA and implemented by Microsoft against the ICC should be “a wake-up call for all those responsible for the secure availability of state and private IT and communication infrastructures”. Digital State Secretary Thomas Jarzombek (CDU) also emphasized regarding the case that Germany must increase its efforts for digital sovereignty. Bart Groothuis, a Dutch liberal MEP, is pushing for the creation of an independent European cloud for the same reason. He recently emphasized: “The world has changed.”

Microsoft launches European security program

At the same time, Smith announced the launch of a “European security program” in Berlin. This will “expand our long-standing commitment to defending Europe's cybersecurity”, the manager explained. Microsoft is thus implementing the “digital assurances” he recently presented in Brussels.

Specifically, Smith promised increased sharing of AI-based threat intelligence with European governments and additional investment to strengthen cybersecurity capabilities and resilience. The company also wants to expand partnerships to defend against cyberattacks and dismantle cybercriminal networks.

In light of “ongoing threat activity” from state actors such as Russia, China, Iran, and North Korea in cyberspace, Microsoft wants to “now track any malicious use of our latest AI models” and proactively prevent “known threat actors from using our AI products”, according to Smith. This also underscores the importance of secure development and rigorous testing of AI models, the use of AI for cyber defense, and close public-private partnerships to share the latest insights on key technology and IT security. Opportunities for identifying vulnerabilities and security communication would be improved. According to Smith, Microsoft also wants to expand its cooperation with civil society and law enforcement agencies, for example. It was only on Monday that the company announced its plan to expand its presence in Europe and invest 400 million US dollars in data centers in Switzerland.

(kbe)