I feel there is a very important difference between Google automatically scanning all of my emails, and Microsoft pointing out that a third-party service allows you to choose to have your inbox scanned now functions with Outlook.com.
That's a different issue. This is about how they commercialize (monetize) their offerings, not about who grants what data to _Govs_. One issue is companies have more say with regard to how they monetize your data, the other is about how they are compelled, by law, to hand over your data to govts.
I was just thinking that if you want to choose your service provider by how transparently and trustworthy your data will be treated, they both disqualify anyway.