NYC judge obliges internet providers to disclose foreign emails to US govt

Discussion in 'other security issues & news' started by TairikuOkami, Apr 27, 2014.

  1. TairikuOkami

    TairikuOkami Registered Member

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    http://rt.com/usa/155028-nyc-judge-overseas-emails/

     
  2. Minimalist

    Minimalist Registered Member

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    So does this mean that Irish judge can now issue warrant for information stored on US servers also? Should we stop using services from US-based companies? It seems like international precedent is established by this ruling.
     
  3. Dogfather

    Dogfather Registered Member

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    I suppose it depends on who owns those servers. If they are owned by MS US then I can understand (but not agree) with the judge saying MS should hand over information. I the servers are owned by a branch of MS registered in Ireland then I don't see how they can enforce it.

    Would be interested in hearing other peoples opinions.
     
  4. Coldmoon

    Coldmoon Returnil Moderator

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    A less biased source for the story might be useful here

    This is not about bulk e-mail collection but in response to a valid warrant issued by a court - a bit less sensationalist than the take RT has on the subject.
     
  5. Dogfather

    Dogfather Registered Member

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    As mentioned in my previous post. This all depends on who actually owns the server the information is stored on. As Ireland have a generally positive approach to privacy and have traditionally been reticent in co operating with foreign organisations in this regard, if the servers are owned by an Irish company I believe that US law enforcement agencies would have a tough time legally obtaining the information they are after.

    If the servers are owned by MS US then I think Microsoft will have a tough time fighting this.

    Of course, this just goes to support the generally held theory on these forums that The US gov't seems to think that it can control the flow of information over the net and web. Hopefully they will keep doing this sort of thing until a groundswell movement teaches them that they are mistaken in this belief.

    Subjective I know but grounds or discussion?
     
  6. Coldmoon

    Coldmoon Returnil Moderator

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    Hi DF,
    The problem as I see it here is the confusion over what the judge is calling a hybrid warrant/subpoena which I had no idea even existed and seems to be a weak interpretation of one of the sections in the ECPA. If a warrant as Microsoft is seeing it, you are correct and no such warrant could or even should be honored by another country or we would have a flood of warrants sent to US from other countries in relation to their local laws - you can't have this...ever.

    I hope MS prevails in the challenge...
     
  7. Dogfather

    Dogfather Registered Member

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    If the Helms Burton act is used as a precedent by the EU then I think that the federal authorities might be opening a can of worms here. Of course... this depends on how determined MS's lawyers and barristers in Dublin are to prevent this.
     
  8. Minimalist

    Minimalist Registered Member

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