No. Microsoft is not liable, at least when it applies to HIPAA.
The HIPAA Rules apply to covered entities and business associates.
Individuals, organizations, and agencies that meet the definition of a covered entity under HIPAA must comply with the Rules’ requirements to protect the privacy and security of health information and must provide individuals with certain rights with respect to their health information. If a covered entity engages a business associate to help it carry out its health care activities and functions, the covered entity must have a written business associate contract or other arrangement with the business associate that establishes specifically what the business associate has been engaged to do and requires the business associate to comply with the Rules’ requirements to protect the privacy and security of protected health information. In addition to these contractual obligations, business associates are directly liable for compliance with certain provisions of the HIPAA Rules.
If an entity does not meet the definition of a covered entity or business associate, it does not have to comply with the HIPAA Rules. See definitions of “business associate” and “covered entity” at 45 CFR 160.103.
https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html
Yeah, except for the first few bytes. PKCS8 has some initial header information, but most of it is the OCTET_STRING of the private key itself.
The PEM (human “readable”) version is Base64, so you can craft up a string and make that your key. DER is that converted to binary again:
I wrote a “plain English” library in Javascript to demystify all the magic of Let’s Encrypt, ACME, and all those certificates. (Also to spin up my own certs in NodeJS/Chrome).
https://github.com/clshortfuse/acmejs/blob/96fcbe089f0f949f9eb6830ed2d7bc257ea8dc32/utils/certificate/privateKeyInformation.js#L40
Edit: To be specific, PKCS8 is usually a PKCS1 (RSA) key with some wrapping to identify it (the OID). The integers (BigInts) you pick for RSA would have to line up in some way, but I would think it’s doable. At worst there is maybe a character or two of garbage at the breakpoints for the RSA integers. And if you account for which ones are absent in the public key, then anybody reading it could get a kick out of reading your public certificate.