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Patriot Act vs. the EU's Data Protection Directive

Posted by Soulskill on from the otherwise-the-terrists-win dept.

itwbennett writes "Last week, Microsoft warned that under the Patriot Act the company may be compelled to hand over European customers' data on its new cloud service to U.S. authorities — and also to keep the data transfer secret. This, of course, runs counter to the European Data Protection Directive, which states that organizations must inform users when they disclose personal information. 'Microsoft can already transfer E.U. data to the U.S. under the Safe Harbor agreement. But legal experts have warned that this agreement is hardly worth the paper it's written on,' writes IDG News Service's Jennifer Baker. 'There are seven principles of Safe Harbor, including reasonable data security, and clearly defined and effective enforcement. However all this is nullified if the Patriot Act is invoked.'"

8 of 239 comments (clear)

  1. Down with the patriot act! by asylumx · · Score: 4, Insightful

    Seriously, why can't we get rid of it?

    1. Re:Down with the patriot act! by NoNonAlphaCharsHere · · Score: 4, Interesting

      It's the Patriot Act which "isn't worth the paper it's written on" - or is it The Constitution that isn't worth the parchment it's written on - since the Patriot Act?

    2. Re:Down with the patriot act! by betterunixthanunix · · Score: 4, Insightful

      Simply put, law enforcement agencies wanted many of the provisions in the PATRIOT act years before it was passed, but nobody was willing to go that far. Then we were attacked by terrorists, and suddenly the political climate changed and the concerns about undermining our constitutional rights magically disappeared. Now that law enforcement has the power they wanted, they are not going to give it up without a fight.

      --
      Palm trees and 8
  2. "The Terrorists" by Jawnn · · Score: 4, Insightful

    ...win again.

  3. Honestly - why do business in the U.S. by Mr+Thinly+Sliced · · Score: 5, Interesting

    I'm someone interested in releasing my software.

    I've worked on this software for about 1 year my time, and done things I think are "research" in their newness.

    Releasing any software in the U.S. is basically opening me up to a multitude of unfounded lawsuits and I become a target for corporate espionage - why do I bother.

    As a euro developer - I must confess that the U.S. is looking less and less interesting as a revenue source.

    All the "steal people's data" and the "we control domains" - why on earth would I think about building a business in this piranha pool?

  4. The summary is wrong. by CountBrass · · Score: 5, Interesting

    There are specific exceptions for 'National Security' in both the European directive and each country's implementation (eg the Data Protection Act in the UK).

    So all the US needs to do is find a shill (the UK government would be my guess at their first choice) who will declare that they need to export 'this' data as a matter of 'National Security' (honest!) and Microsoft and in the clear and the US get what they want.

    --
    Bad analogies are like waxing a monkey with a rainbow.
  5. Re:Ok lets ask an easier question.... by Nidi62 · · Score: 4, Funny

    Ok lets ask an easier question.... ... Who doesn't have access to my personal data ?

    You

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  6. Buying a house under the patriot act by MobyDisk · · Score: 5, Insightful

    I learned a bit about the Patriot Act when buying a house. Prior to the Patriot Act you had to disclose sufficient financial information to the bank for them to take the risk of the loan. You had to prove you had the down payment, provide a credit report, and appraise the house. But they didn't really care where or how you got the money. But under the Patriot Act you have to provide an audit trail for all of your assets. For example, you must show where you got your down payment from and where it was for the past 6 months, etc. In my case I sold stocks so I had to show tons of statements prove that the money really came from those stocks, not some other place.

    It was fairly creepy. I felt like I was depositing money in a bank and the government required proof that I didn't get the money by selling drugs. It really slowed things down and complicated it. I used to watch TV shows where the police had ridiculous access to people's information, but I see now how that is happening. I can imagine a time when the government can track every dollar - where it goes and where it came from.