IANAL and I'm not based in US but I would guess the only way to do this legally would be for MS to go to a law-enforcement agency, the agency would need to get a warrant and then the agency would be able to look into it, not MS itself.
contracts are not above the law, if a contracts stipulates something illegal it doesn't matter that both parties agreed to it
This seems to disagree with you, seems you are required to litigate to get your rights. The blogger was french also, so that probably has a bearing on what rights he has.
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Notice the bit about "protect the rights or property of Microsoft or our customers".
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