Tuesday, April 29, 2014

Netiquette - The U.S. Can Spy on EU Cloud Data Federal Judge Rules - VIa Neteiquette IQ



U.S.-based Internet, email, and online storage providers can be forced to hand over overseas data, if so requested by a U.S. government search warrant, a federal judge has ruled.
 
Yes, U.S. authorities can spy on EU cloud data. Here's how
The move puts the U.S. further in conflict with foreign laws, particularly European data protection and privacy law, which aim to protect data from being taken outside the 28 member state's jurisdiction.
It's long been known that U.S. authorities can legally, under its own legal system, acquire data from outside the United States. But the ruling by U.S. Magistrate Judge James Francis in New York has now further entrenched existing opinions shared by U.S. Dept. of Homeland Security and the Justice Dept. into the judicial system.
In remarks, Francis said Internet providers, like Google, Microsoft, and others, would have to hand over the data because the "burden on the [U.S.] government" to work with other nations would be "seriously impeded."
These so-called "mutual legal assistance" requests made between two nation states allow governments to seek foreign assistance in acquiring data for domestic intelligence or law enforcement purposes.
But Francis cited one expert, claiming this process "generally remains slow and laborious, as it requires the cooperation of two governments and one of those governments may not prioritize the case as highly as the other."
"This language is significant, because it equates 'where the property is located' with the location of the ISP, not the location of any server."
— Judge James Francis

He said that this may apply to "traditional" search warrants, but not those seeking online stored content, which falls under the Stored Communications Act.
"Even when applied to information that is stored in servers abroad, an [U.S. Stored Communications Act] Warrant does not violate the presumption against extraterritorial application of American law," Francis wrote in his ruling on Friday.
The case itself addressed a search warrant issued to Microsoft for a customer's data stored in Dublin, Ireland — a data-center dedicated for European citizen data. 
Microsoft complied with the search warrant "to the extent of producing the non-content information stored on servers" in the U.S., but filed a motion seeking to quash the warrant asking for overseas data.
It remains unclear which U.S. law enforcement or intelligence agency requested the data, however. 
Experts refute Verizon's claim that NSA can't grab non-U.S. data
Microsoft told the Reuters news agency that it challenged the warrant because the U.S. government should not be allowed to extraterritorially search the content of emails held outside the country.
Verizon's chief lawyer Randall Milch made similar remarks in a blog post in February. He said that the company's view is "simple," adding: "The U.S. government cannot compel us to produce our customers' data stored in data centers outside the U.S., and, if it attempts to do so, we would challenge that attempt in court."
However, legal experts, lawyers, and academics, were quick to rebuff Milch's claims, with one international legal expert calling his comments "misleading." 
Verizon spokesperson Ed McFadden said at the time Verizon would "let the report stand on its own," and did not comment further.
ZDNet reached out to Verizon for renewed comment but did not immediately hear back. We will update the story if we hear back.
============================================
 In addition to this blog, I have authored the premiere book on Netiquette, " Netiquette IQ - A Comprehensive Guide to Improve, Enhance and Add Power to Your Email". You can view my profile, reviews of the book and content excerpts at:
 www.amazon.com/author/paulbabicki
 If you would like to listen to experts in all aspects of Netiquette and communication, try my radio show on BlogtalkRadio  and an online newsletter via paper.li.I have established Netiquette discussion groups with Linkedin and  Yahoo I am also a member of the International Business Etiquette and Protocol Group and Minding Manners among others. I regularly consult for the Gerson Lehrman Group, a worldwide network of subject matter experts and I have been contributing to the blogs Everything Email and emailmonday . My work has appeared in numerous publications and I have presented to groups such as The Breakfast Club of NJ Rider University and  PSG of Mercer County, NJ.

 Great Reasons for Purchasing Netiquette IQ
·         Get more email opens.  Improve 100% or more.
·         Receive more responses, interviews, appointments, prospects and sales.
·         Be better understood.
·         Eliminate indecision.
·         Avoid being spammed 100% or more.
·         Have recipient finish reading your email content. 
·         Save time by reducing questions.
·         Increase your level of clarity.
·         Improve you time management with your email.
·        Have quick access to a wealth of relevant email information.
Enjoy most of what you need for email in a single book.
===========================================


No comments:

Post a Comment