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US Government: You Don't Own Your Cloud Data So We Can Access It At Any Time
New submitter jest3r writes "On Tuesday the EFF filed a brief proposing a process for the Court in the Megaupload case to hold the government accountable for the actions it took (and failed to take) when it shut down Megaupload's service and denied third parties access to their property. Many businesses used Megaupload's cloud service to store and share files not related to piracy. The government is calling for a long, drawn-out process that would require individuals or small companies to travel to courts far away and engage in multiple hearings just to get their own property back. Additionally, the government's argument that you lose all your property rights by storing your data on the cloud could apply to Amazon's S3 or Google Apps or Apple iCloud services as well (see page 4 of their filing)."
>Additionally, the government's argument that you lose all your property rights by storing your data on the cloud
Bullshit. I don't lose the rights to my property if they are in the temporary posession of a third party. If it was so, then nobody could rent anythiing ever or even check a coat.
Hurr.
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BMO
Yes.
The US gov has long held that your webmail doesn't belong to you either.
The feds already have full access to your gmail or hotmail account, and everything in it.
The courts established a long time ago that you don't have the same property rights under the 4th amendment when it's stored with a third party.
I've raised this issue whenever I hear that a legal office has outsourced their mail service (do they still have attorney-client privilege if the information has been 'shared' with the ISP?)
There are two issues -- (1) does it require a warrant and (2) do they have to notify you of the warrant (so that you can contest it) or only the party holding the information?
There was an article on the topic in the Journal of Consitutional Law a couple of years ago. One of the key things -- ECPA considers any email stored for 180 days can be obtained from an ISP without notifying the user. There was a case in 2008 that found that argued against it and the court agreed, but the case was overturned on other issues so the decision never stood as a precident. It has some interesting things to consider, such as the issues with using a cloud-based thing client without knowing it (in the example, a kid setting up a computer for his uncle), and losing their fourth amendment rights.
Build it, and they will come^Hplain.
... and Obama administration went into overdrive with it.
http://1202013.blogspot.com/2012/09/as-debates-approach.html