Microsoft Corp.’s effort to halt the FBI’s so-called sneak-and-peek searches of e-mails may ride on whether it’s allowed to defend its customers’ constitutional rights.

The judge who will decide whether the case can go ahead had told the company’s lawyers to be ready to address earlier rulings that undercut their arguments. Calling the issue a dilemma in court Monday, the judge said he will issue a written ruling later. At stake is a key element of Microsoft’s challenge to the U.S. practice of secretly accessing customer data stored in the cloud, including e-mail.

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“Standing has been a barrier in cases that seek to vindicate people’s privacy rights,” said Jennifer Granick, a Stanford Law School professor. “It’s a serious issue in conducting constitutional litigation, and this case is no different.”

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