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The Patriot Act and the EU Cloud

ISoldat53 writes "Gordon Frazer, managing director of Microsoft UK said that the Patriot Act allows government access to data in its cloud services even in Europe. Though he said that 'customers would be informed wherever possible,' he could not provide a guarantee that they would be informed if a gagging order, injunction or U.S. National Security Letter permits it."

34 of 176 comments (clear)

  1. Politics making technology useless by Anonymous Coward · · Score: 2, Interesting

    So basically the U.S. Patriot Act is making "cloud" storage a useless technology.

    The Internet will hopefully route around the "cloud".

    1. Re:Politics making technology useless by Seumas · · Score: 4, Insightful

      No, the US Patriot Act is making political geographical borders a useless invention. That you are across the ocean, with your own history, culture, laws, government, and values is of no consequence to us anymore.

    2. Re:Politics making technology useless by vux984 · · Score: 4, Insightful

      To be fair... its only because they can address the letter to microsoft, which is in its own juridiction.

      All this means is that a multinational can't move part of its assets to europe and then have immunity to the us govt.

      If MS wants immunity, it has to leave America.

    3. Re:Politics making technology useless by AHuxley · · Score: 5, Insightful

      If the US has a base, is friendly with a nation or your telco loops data via friend of the US or a country with a US base ....
      Your data is now US data and has been for many years. The problem with the Patriot Act is you not just been watched anymore.
      Think hard before you share too much data with anything US on a network.

      --
      Domestic spying is now "Benign Information Gathering"
    4. Re:Politics making technology useless by c0lo · · Score: 4, Funny

      This: "GOVERNMENT — If you think the problems we create are bad, just wait until you see our solutions."

      --
      Questions raise, answers kill. Raise questions to stay alive.
    5. Re:Politics making technology useless by c0lo · · Score: 4, Insightful

      Makes me sad the parent is rated Funny.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    6. Re:Politics making technology useless by rtb61 · · Score: 4, Insightful

      Patriot Act has nothing to do with it. Long ago foriegners were denied all rights by the US government, in fact in US police agencies are entitled to break all other countries laws and US law, even when those actions would be illegal in the US.

      Making it public that M$ would have over private information from other countries once in it's cloud at any request of any US government agency, has pretty much crippled the M$ cloud and prevented from doing any work for any foreign government agency.

      In fact that kind of delcaration put's into doubt the trust of any M$ software, when updates and patches are delivered direct from the US and US government agencies can legally corrupt those patches in direct contravention to local foreign laws, leaving M$ under the gun for criminal conspiracy to corrupt computer networks and the executives would be subject to extradition or the whole extradition system when tied to the US would collapse.

      --
      Chaos - everything, everywhere, everywhen
    7. Re:Politics making technology useless by Osgeld · · Score: 2

      yes because political influence across boarders and geographical boundaries has never ever happened before microsoft, the cloud, and the patriot act, all in man's history

    8. Re:Politics making technology useless by Wyatt+Earp · · Score: 4, Informative

      Good luck with gay rights, gay marriage, Abortion rights at the national level with Ron Paul as President.

  2. More reasons why the Cloud is a disaster by Scareduck · · Score: 4, Insightful

    Just plain stupid for customers. No control over your data.

    --

    Dog is my co-pilot.

    1. Re:More reasons why the Cloud is a disaster by LordLimecat · · Score: 2

      Er, presumably if there were such a National Security Letter, housing it yourself wouldnt give you much choice in the matter either; you would be forced to turn over the data regardless.

      This article is basically an excuse to rail at the cloud and at the US government, but it really doesnt reveal any new information.

    2. Re:More reasons why the Cloud is a disaster by Registered+Coward+v2 · · Score: 5, Insightful

      Er, presumably if there were such a National Security Letter, housing it yourself wouldnt give you much choice in the matter either; you would be forced to turn over the data regardless.

      This article is basically an excuse to rail at the cloud and at the US government, but it really doesnt reveal any new information.

      Actually, TFA has a snippet that is interesting:

      Frazer explained that, as Microsoft is a U.S.-headquartered company, it has to comply with local laws (the United States, as well as any other location where one of its subsidiary companies is based).

      While the focus is on the US Patriot Act; that quote implies that cloud based data is essentially subject to any local law and that privacy laws don't protect someone if the law requires access outside of the jurisdiction covered by privacy laws. A local subsidiary would cough up the information, as required by law, not the one where the data may have originated and is covered by privacy laws.

      Carried to an extreme, MS is saying that loud based computing renders privacy laws moot. It also means that presumably protect information could be accessed by any state that wishes to pass laws granting itself access (if a company has a subsidiary in that state).

      While the US may be at the vanguard, the implications go far beyond there.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    3. Re:More reasons why the Cloud is a disaster by Intrepid+imaginaut · · Score: 4, Insightful

      Which is of course utter nonsense, if the information of European citizens is being demanded by US authorities, that violates the stringent privacy laws in the EU. It comes down to whether or not Microsoft wants to do business in the EU. Handwaving about the cloud means nothing.

    4. Re:More reasons why the Cloud is a disaster by The+Second+Horseman · · Score: 3, Interesting

      Try getting a company like Google or Microsoft, when they're trying to sell you hosted services, to say anything other than "we comply with lawful requests for information from governments". Note that they don't just mean your government. They mean the government of any country, and if it's a country they do business in, they have to weigh your business against access to an entire market. Which do you think they'll choose? They may try to dodge by only hosting the information in some geographical locations, but that doesn't help much.

    5. Re:More reasons why the Cloud is a disaster by the+eric+conspiracy · · Score: 2

      In the real world if the CIA wants something they will invoke whatever secret agreements that are in place with their EU counter-terrorism buddies and it will be all hunky-dory.

    6. Re:More reasons why the Cloud is a disaster by whoever57 · · Score: 2

      And what happens is you host files in UK (cloud or not), the FBI agent shows on your US door, you open it and you give him the finger?

      You don't give him the finger. The correct equivalent English gesture requires 2 fingers.

      --
      The real "Libtards" are the Libertarians!
  3. Government Agents by jrumney · · Score: 4, Interesting

    If private US corporations can be used by the USA to extend its intelligence gathering reach like this, does that mean their employees can be treated as government agents by non-US law enforcement agencies? Could a privacy breach turn into an espionage case because of this? It'd certainly make me think twice about accepting a job for a US based company.

    1. Re:Government Agents by cavreader · · Score: 2

      Every country on the planet performs some form of intelligence gathering. It is not a US only issue although a disturbing amount of people think nobody does it besides the US. Even countries friendly with one another spy on each other. It is SOP in international relations. When someone gets caught they usually just swap compromised spies and go on their merry way. Cloud or no cloud the NSA has the means to capture, filter, and process almost all of the Internet traffic. The architect of the system balked when the NSA started capturing US traffic. Evidently his system was originally configured to encrypt any US specific data inadvertently captured. He ended up resigning because the NSA disabled the encryption which then allowed the collection of non-encrypted US traffic.

    2. Re:Government Agents by jrumney · · Score: 2

      Every country on the planet performs some form of intelligence gathering.

      Of course they do. The difference here is that the US seems to be compelling private US companies to do it on their behalf.

  4. Implications outside cloud services by eL-gring0 · · Score: 2

    "Any data which is housed, stored or processed by a company, which is a U.S. based company or is wholly owned by a U.S. parent company, is vulnerable to interception and inspection by U.S. authorities. "

    What doesn't fall under that? To be free of any potential US influence, EU users and companies should make sure the places they do business with have no ties to American companies? Sounds like ISPs, CDNs, web hosts, etc can be asked or forced to comply with government demands. It won't surprise me if there's a chilling of overseas demand for US Internet and Internet-connected services.

  5. encryption. it's the only way "the cloud" is safe by Anonymous Coward · · Score: 5, Insightful

    Who in their right mind would store their sensitive data in the cloud and not encrypt it locally first? That seems crazy. Patriot act or no, it's nuts.

  6. leave the USA by Anonymous Coward · · Score: 3, Insightful

    lets bail on this police state run by fascist idiots. leave before they won't let you. the businesses had the right idea going overseas. Microsoft should relocate to.

  7. "The Cloud" = "Don't know where your data is" by Sipper · · Score: 4, Insightful

    There are basically two meanings of "The Cloud":
          1) "You don't need to know where your data is"
          2) Rapid automatic server provisioning

    The thing that's wrong about 1) above is that "The Cloud" is sold as "don't worry about the man behind the curtain." Being ignorant about where your data is actually stored doesn't mean that it's safe -- quite the opposite -- it means that there is elevated risks involved. Because laws change with location, not knowing where your data is means not knowing what laws are applicable.

  8. That doesn't make it so by frovingslosh · · Score: 3, Insightful

    What stupidity. If China passed a law that said that they had to be given access to all of the data in all of the computers in the United States, I doubt very much if people would be jumping through hoops to accommodate them. Similarly, the U.S. can claim that it has access to data stored in computers in Europe, but no one should take them seriously.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:That doesn't make it so by the+linux+geek · · Score: 2

      You're missing the point. If Red China passed such a law, Mainland Chinese companies would have to accommodate it. Similarly, US companies have to comply with US law, even for their operations overseas.

  9. Depends by Roger+W+Moore · · Score: 3, Interesting

    Er, presumably if there were such a National Security Letter, housing it yourself wouldnt give you much choice in the matter either

    Actually it would since my house is in Canada and I'd politely inform them that they'd need to talk to the Canadian government and, if they agree, have them make the request. Similarly in the EU US government demands are worthless. Canada and the EU (or at least the UK) have intelligence sharing treaties with the US so they can get access to the data but only if they ask and convince the local government first and it is in compliance with local law.

    This is exactly as it should be. MS could end up in real legal trouble if the US government forces them to disclose data on their EU servers in contravention of EU privacy laws.

    1. Re:Depends by jimicus · · Score: 2

      Canada and the EU (or at least the UK) have intelligence sharing treaties with the US so they can get access to the data but only if they ask and convince the local government first and it is in compliance with local law.

      I wonder - how long does it take such a request to be processed and how often on average do they fail to convince the local government?

  10. Government agents are for hire by dbIII · · Score: 2

    It's worse than that. Government agents have done industrial espionage on behalf of private enterprise at times as shown in the Boeing vs Airbus case. Hosting companies could be asked to hand over data just because it may be useful to a well connected competitor.

  11. customers would be informed wherever possible by superdave80 · · Score: 3, Informative

    if a gagging order, injunction or U.S. National Security Letter permits it.

    Basically, no one will ever be informed.

  12. it's = it is by Anonymous Coward · · Score: 2, Informative

    Quick grammar lesson:
    "government access to data in it's cloud services even in Europe"
    =
    "government access to data in it is cloud services even in Europe"

    The correct word is "its"

  13. Good by RazorSharp · · Score: 2

    If the Patriot Act is perceived as a threat to 'cloud technology' (I hate the term) then perhaps these tech giants who have the power to ram their agendas down the throat of the government (Microsoft, Oracle, Apple, IBM, Google, ect.) will lobby against the Patriot Act. If the Patriot Act is bad for business then business may actually take the side of the people and try to use their money and influence to do away with it.

    --
    "From the depths of my skeptical and rationalist soul, I ask the Lord to protect me from California touchie-feeliedom."
  14. Re:USA-free Internet? by _Sprocket_ · · Score: 4, Funny

    Ooh! Will this one have blackjack and hookers?

  15. On the contrary... by Demena · · Score: 2

    Everyone should take them seriously. Has it not been demonstrated pretty well that the US can extradite anyone and anything they want in most places in the world? Has it not been demonstrated that they can lie to do this with impunity? There are colossal imbalances in power and the US seems to have no problem whatsoever with exploiting that. There is so much that the US does that is apparently illegal by local, international, and even US law and yet the US is apparently never, ever brought to account over it.

    1. Re:On the contrary... by 91degrees · · Score: 2

      I'm not sure why people insist on believing the US is the source of all Evil and every other government is Pure and Righteous, but I assure you that is not the case.

      It's not that. Nobody thinks any other government is pure or righteous either. The US government just seems to have this perception of itself that it's "the good guys" and is surprised that the rest of the world doesn't share this opinion.