Last month, the company asked U.S. Attorney General Eric Holder to personally helpMicrosoft and others share more complete information on how they handle national security requests for customer data.
"We hoped that these discussions would lead to an agreement acceptable to all," Smith wrote. "While we appreciate the good faith and earnest efforts by the capable Government lawyers with whom we negotiated, we are disappointed that these negotiations ended in failure."
As a result, the company will "move forward with litigation in the hope that the courts will uphold our right to speak more freely," Smith wrote. "And with a growing discussion on Capitol Hill, we hope Congress will continue to press for the right of technology companies to disclose relevant information in an appropriate way."
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