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Canada Quietly Offering Sanctuary To Data From the US

davecb writes "The Toronto Star's lead article today is Canada courting U.S. web giants in wake of NSA spy scandal, an effort to convince them their customer data is safer here. This follows related moves like Cisco moving R&D to Toronto. Industry Canada will neither confirm nor deny that European and U.S. companies are negotiating to move confidential data away from the U.S. This critically depends on recent blocking legislation to get around cases like U.S. v. Bank of Nova Scotia, where U.S. courts 'extradited' Canadian bank records to the U.S. Contrary to Canadian law, you understand ..."

135 of 184 comments (clear)

  1. Implying Canada isn't an accomplice by Anonymous Coward · · Score: 5, Insightful

    They've been doing intelligence cooperation with the US for ages, why would they be any more trustworthy?

    1. Re:Implying Canada isn't an accomplice by scamper_22 · · Score: 3, Insightful

      As a Canadian, I always find our ability to blame everything on America quite interesting.

      Anything that is not some liberal utopian ideal is BECAUSE AMERICA.

      We talk about drug laws in Canada... and it's those damn Americans who force us into the war on drugs. Of course Canada's history isn't full of old conservative white folks who feared Chinese workers and their opium.

      We talk about sexuality and its the damn American influence that prevents us from being a nudist paradise.
      We don't have any history of conservatism or banning Madonna for too much sexuality. All that must come from the US.

      We talk of wars and it's always those damn Americans and their war machine. No hint of Canada's history of war.

      And yes, when it comes to spying or betraying its own citizens... it's always those darn Americans. Canada didn't have anything to do with Japanese internment because Canada has human rights. The US doesn't. Canada has never had to spy on its citizens. Surely Canada didn't spy on the various Quebec separatist movement historically.

      At the end of the day, it's as if people don't realize that historically Canada and the USA are very similar. Both led by old Europeans. Sure there are differences. And much has changed post WW2. But still remarkably the same.

    2. Re:Implying Canada isn't an accomplice by Bob+the+Super+Hamste · · Score: 1

      We talk about sexuality and its the damn American influence that prevents us from being a nudist paradise.

      I thought that was because your country is one of the few places that is colder than the state I live in, that and horse flies.

      --
      Time to offend someone
    3. Re:Implying Canada isn't an accomplice by mdielmann · · Score: 1

      The mosquitoes are not insignificant, either.

      --
      Sure I'm paranoid, but am I paranoid enough?
    4. Re:Implying Canada isn't an accomplice by cold+fjord · · Score: 1

      We talk about sexuality and its the damn American influence that prevents us from being a nudist paradise.

      Don't forget the "polar vortex" and overindulgence, by some, of poutine. (Put it on! Put it on!) . . . ;)

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    5. Re:Implying Canada isn't an accomplice by LienRag · · Score: 1

      I thought that even if the Metis wars were harsh, Native repression never amounted to genocide in Canada?
      Doesn't this make a big difference in the resulting culture, both popular and governmental?
      Especially if you take into account Girard's work about the anthropological implications of murder...

  2. Meaningless by dreamchaser · · Score: 5, Insightful

    This is completely meaningless as long as any data has to traverse any network in the US. For that matter, I highly doubt that Canada or any other US ally won't actually cooperate with the NSA. This is nothing but a marketing move on Canada's part.

    1. Re:Meaningless by Charliemopps · · Score: 3, Insightful

      Its all about the perception of their customers. US territory is tainted in the eyes of the world now.

    2. Re:Meaningless by a1cypher · · Score: 1

      Also, as mentioned in the original post, companies like Cisco are considering moving their R&D to Canada where they will not be forced to include backdoors for the NSA. As someone whose main business is networking gear, I can see this as being a big selling feature to Cisco.

      Whether the actual data that is routed through the US is safe or not doesnt matter as much as being able to assure your customers that your devices dont contain NSA backdoors.

    3. Re:Meaningless by djmurdoch · · Score: 1

      US territory is tainted in the eyes of the world now.

      That's the main point. The article is about Canada trying to convince companies to move, but it's pretty unlikely that Canada is the only country doing that.

    4. Re:Meaningless by ahodgson · · Score: 1

      As long as the execs live in the US, the company will do whatever .gov wants them to do.

    5. Re:Meaningless by geekoid · · Score: 1

      "where they will not be forced to include backdoors for the NSA."
      paid, actually not forced.
      If they move out of country, do you think they will actually stop taking money to put a back door in?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:Meaningless by tlhIngan · · Score: 1

      Also, as mentioned in the original post, companies like Cisco are considering moving their R&D to Canada where they will not be forced to include backdoors for the NSA. As someone whose main business is networking gear, I can see this as being a big selling feature to Cisco.

      Actually, that's just the image they want to project.

      The real reason why companies have development centres in Canada is simple - it's a LOT easier to get work visas and such in Canada! And there's a bunch of times when particular people are hard to hire in the US, but a lot easier in Canada because of visas.

      So as noble as companies like Cisco are to do R&D in Canada, it's really because Canada is a lot more "easygoing" on immigration. So that Chinese worker who was denied a work visa in the US? Well, Canada gave them one, so just set up a development centre in Canada and you're golden.

      A lot of companies have development centres in Canada for this reason - many set up years or even decades ago. Doing it this year? Nothing special. Of course, I don't mind (I'm in Canada) as it means damn, our workplaces are full of diversity.

      And no, it's often not the Canadian equivalent of H1Bs or anything - they're people who actually immigrate to Canada (it seems you get to celebrate someone getting their citizenship several times a year or so).

    7. Re:Meaningless by NicBenjamin · · Score: 1

      Also, as mentioned in the original post, companies like Cisco are considering moving their R&D to Canada where they will not be forced to include backdoors for the NSA. As someone whose main business is networking gear, I can see this as being a big selling feature to Cisco.

      Whether the actual data that is routed through the US is safe or not doesnt matter as much as being able to assure your customers that your devices dont contain NSA backdoors.

      Cisco is a US company. It's bank accounts are in the US. A lot of it's people are in the US. It's customers are all in the US. If the NSA has the juice to force Cisco to implement a back-door then it doesn't matter where the routers are designed, the backdoor will be implemented.

      I believe there have actually been cases where banks tried to conceal their Canadian customers data because Canadian law said that was their duty, but the US got it anyway because they had bank accounts on this side of the border the US Courts got freeze.

      I suspect that Cisco knows this, they're just thinking that if they have significant Canadian operations people will think that they magically became immune to the NSA.

  3. Canada is already America's bitch. by robot_love · · Score: 5, Informative

    Our banks will release all personal information to US law enforcement, even though this directly contravenes our Constitution.

    http://www.cbc.ca/news/politics/canadian-banks-to-be-compelled-to-share-clients-info-with-u-s-1.2437975

    --
    .there is enough of everything for everyone.
    1. Re:Canada is already America's bitch. by MrKevvy · · Score: 4, Informative

      Canada also assisted the NSA in spying including spying on attendees at the G20 summit in Toronto in 2010.

      As this is common knowledge, I'm skeptical that any entity would trust Canada more than the U.S. with its confidential data. I certainly wouldn't.

      --
      -- Insert witty one-liner here. --
    2. Re:Canada is already America's bitch. by interkin3tic · · Score: 2

      I guess the question is, will Canada's citizens be more likely than US citizens to demand that their rights be upheld? Honest question: I know the likelihood of the US getting rid of the NSA is low. And 9/11 didn't happen directly to you guys. Not that one freak incident justifies 15 years of cowardice, but plenty of US citizens and politicians seem to think it does.

  4. Re:You Know They'll Roll Over! by binarylarry · · Score: 3, Funny

    Blame Canada!

    --
    Mod me down, my New Earth Global Warmingist friends!
  5. Crazy by More+Trouble · · Score: 2

    The NSA et al are (legally) *more* restricted in the US than abroad. While there might be congressional hearings & other hand wringing about what the NSA does in the US, foreign countries are a cyber free fire zone. Information superiority is the goal, and the NSA has huge fire power ATM.

    1. Re:Crazy by Nerdfest · · Score: 3, Informative

      In other countries they must actually do 'spying' though, as opposed to just forcing companies to hand over data under threat.

    2. Re:Crazy by davecb · · Score: 1

      They're trying to remove that restriction: in part because Canada objected to decisions like U.S. vs Bank of Nova Scotia, the US Internal Revenue service got a law passed requiring any bank doing business in the 'States to report on their US customers to the IRS. Canada Revenue seems to have rolled over, while the banks are doing things like warning US citizens that if they create an account they will be reported to the US taxman by the Canadian one.

      --
      davecb@spamcop.net
    3. Re:Crazy by davecb · · Score: 1

      Perhaps, but we're talking about fining Canadian banks 30% of their US transactions if they don't spy on their customers. Considering the smallish absolute cost of US tax cheats and the largish absolute size of Canadian bank's dealings with the US, "methinks the lady doth protesteth too much" (;-))

      --
      davecb@spamcop.net
    4. Re:Crazy by DeVilla · · Score: 1

      The NSA et al are (legally) *more* restricted in the US than abroad. ...

      Correct. And in practice it appears the NSA is completely unrestricted in the US. Contrary to what the Administration and NSA have told us, there has been excessive spying on US citizens, there has been abuses, there has been lying to Congress and there does not appear to be any consequence or accountability. The Intelligence Community only appears to be upset that they have been caught. They've even had the audacity to ask to increase their intrusive programs.

      So yes, you are correct. The NSA are legally more restricted in the US than abroad. And even then, that bar is so low you couldn't hit it with a lawn mower. At least if you get the data out of our country, there may be some physical, legal & diplomatic barriers caused by things like distance and sovereignty.

  6. Nice business opportunity. by couchslug · · Score: 2

    Security is an illusion people will pay for, so why not make a profit?

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  7. Why trust Canada? by EmperorOfCanada · · Score: 1

    It seems we Canadians were playing lapdog to all this nonsense; so why would anyone send their data here. It also seems that the Canadian government is perfectly happy to send Canadian data and its citizens to face US justice. I was proud of Canada's history of protecting draft dodgers; but then we sent an Iraq dodger back and my pride died that day. Then Mark Emery thrown to the wolves by the Canadian government, and recently the Canadian government has begun sending all sorts of bank records south.

    So if you put your data into a Canadian server then I suspect that the US will have full access to it a dozen different ways.

    Personally if I were the head of IT for a large non North American company there are few countries that I would truly trust. For instance I might look into a Swiss IT company, but only if it were wholly Swiss owned, and only staffed by natural born Swiss citizens. But Canada, heck no.

    1. Re:Why trust Canada? by Grishnakh · · Score: 2

      There was the whole "stop loss" program, where enlistees were prevented from leaving the military after their enlistment term ended. That sounds pretty close to conscription to me. Only a lawyer would argue otherwise.

    2. Re:Why trust Canada? by davecb · · Score: 2

      That didn't apply to Jean Cretien (;-)) which is probably what that comment was alluding to ...

      --
      davecb@spamcop.net
  8. Hey... waitaminute! by Anonymous Coward · · Score: 1

    Didn't Canadian inteligence agencies (along with the English and others) work WITH the NSA to get around the constitutional impediments to spying on Americans?

    YES, when your personal data was stored here in America, the NSA reserved the right to look through it... but once the America public found about it (Thankyou Mr. Snowden), many people identified that right to be illegal and the debate started. While it might be illegal in Canada for the Canadian authorities to spy on Canadian citizens, does that necessarily make it illegal in Canada for Canadian authorities under direction from the NSA to spy on the data of non-Canadian citizens (i.e.: Americans) stored within their borders?

    The more I read, the more I am convinced that in the end... Strong Cryptography for which the NSA (or anyone else) does _not_ have a backdoor may be the only way to protect privacy. I trust the math more than I trust governments.

    1. Re:Hey... waitaminute! by Grishnakh · · Score: 1

      Cryptography can't protect all information. It can protect the content of your communications, but it can't protect the fact that you communicated. If you send an encrypted message to someone, if it's strongly-encrypted, then yes, it's very difficult to decipher the message, but the NSA will still be able to (assuming they're monitoring you, or the communications links between you and the receiver) see that you've communicated with that person. From the patterns of your communications, they can infer a lot of things.

      For instance, if you exchange communications with someone who's later found to be a drug dealer, they can infer that you're probably either a customer or a supplier to him, without ever decrypted your communications with him.

    2. Re:Hey... waitaminute! by davecb · · Score: 1

      Yes, it is indeed illegal for the Canadian Communications Security Directorate to engage with the NSA to spy on Canadians. According to the minister responsible, it's also illegal for the CSE to spy on anyone for the NSA, which they did during the G8/G20.

      --
      davecb@spamcop.net
    3. Re:Hey... waitaminute! by geekoid · · Score: 1

      Assuming the encryption doesn't have a back door see: RSA

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:Hey... waitaminute! by Grishnakh · · Score: 1

      The OP seemed to be assuming the use of non-backdoored encryption, so I was just pointing out that having perfect encryption still doesn't give you perfect privacy.

  9. Not Meaningless by gsslay · · Score: 2

    This is completely meaningless as long as any data has to traverse any network in the US.

    If I am exchanging data between Canada and any other place but the US, why would it traverse the US? If these companies want to do business with the rest of the world without being spied on by US agencies, being outside the US is a good place to start.

    Whether that alone is enough is questionable, but it's a start and certainly not meaningless.

    1. Re:Not Meaningless by davecb · · Score: 2

      Canada has a number of links that carefully don't pass through the US. A somewhat obvious case is the link to Cuba (;-)) That particular one started out as a 9600 baud satphone kludge between Memorial U in Newfoundland and a Cuban university.

      --
      davecb@spamcop.net
    2. Re:Not Meaningless by Anonymous Coward · · Score: 2, Informative

      If I am exchanging data between Canada and any other place but the US, why would it traverse the US?

      Because of the way the internet works.

      The shortest, fastest network connection between two points isn't always geographically the shortest.

      A connection between a computer in Montreal and a computer in Toronto might transit a network in New York or Chicago, because those pipes are bigger, faster & cheaper.

      Although, given the Snowden leaks, there may be increased interest in routing internet traffic within the country.

    3. Re:Not Meaningless by compro01 · · Score: 1

      Take a wild guess which country the Internet's root DNS servers are located?

      Sweden? Netherlands? Japan?

      While the USA has a bunch of the root name servers, there's many of them elsewhere. Here's a lovely map of where they are, or at least where they were in 2007. Assuming it's still accurate, there's 4 root nameserver instances in Canada, two each of the F and J nameservers, located in Toronto, Ottawa, Montreal, and Quebec City.

      --
      upon the advice of my lawyer, i have no sig at this time
    4. Re:Not Meaningless by cs96and · · Score: 1

      I imagine that if you are transferring data from Canada to Mexico, it is 99% likely to travel through the US.

  10. Huh? by Ralph+Spoilsport · · Score: 1

    I thought most Canadian traffic is routed through Chicago or New York...

    --
    Shoes for Industry. Shoes for the Dead.
  11. So what by kamapuaa · · Score: 1

    US companies shouldn't be able to shirk tax laws just by going to an overseas bank. This posits a false dichotomoy, where either you're in favor of the NSA, or you think multi-national companies should be able to avoid laws and regulations they don't like by doing all their extra-legal business in Canada or the Cayman islands or where tax laws/regulations are most convenient.

    --
    Slashdot: providing anti-social weirdos a soapbox, since 1997.
    1. Re:So what by Grishnakh · · Score: 1

      US companies shouldn't be able to shirk tax laws just by going to an overseas bank.

      Yes, they should. It's up to the US government's law enforcement arms to enforce tax laws within its own borders; foreigners have no obligation to help them enforce their laws. If a company is located within a country, it's pretty hard for them to move money outside the country in a way that's impossible to monitor for authorities inside that country. If the company is getting some kind of tax break by moving the money outside the country, then it's that country's responsibility to fix its own laws so that there's no tax advantage in doing so. A bank is just a place to store money, and really shouldn't affect taxation. The fact that people avoid taxes by moving money offshore just shows the system is broken and needs to be fixed, instead of bullying foreign institutions to give private banking information to the authorities.

  12. U.S. courts 'extradited' Canadian bank records? BS by Anonymous Coward · · Score: 3, Interesting

    That court case did nothing of the sort - it was a court case against a local US bank subsidiary asking for records of other subsidiaries in the Bahamas and Cayman Islands.

    The real problem is the coming US FATCA law: http://en.wikipedia.org/wiki/Foreign_Account_Tax_Compliance_Act

    This US law requires foreign banks to provide information about accounts held by Americans, or ELSE.

    Canada is not generally regarded as a tax haven - there is no bank secrecy here, no secret corporate ownership and Canada isn't a low-tax jurisdiction. Our taxes are higher than most of the USA.

    There is a Canada-US tax treaty, and generally speaking US citizens living in Canada don't have to pay tax to the USA since they get an IRS deduction for the taxes they pay to Canada (they don't get taxed twice on the same income).

    Under US law, all US citizens have to file with the IRS every year, even if they live in a foreign country and owe nothing in taxes.

    However, for a Canadian bank to provide information about US customers to the IRS (absent a crime or court order) violates Canadian privacy law. So Canadian banks are in a very difficult position:

    - comply with FATCA and break Canadian law
    - get permission from their US customers to hand over info to the IRS
    - don't do business with US citizens living in Canada (of which there are about a million)

  13. great way to recover from a stumble by Cardoor · · Score: 1

    ever walk down the street, and stumble, but mid-way turn it into a move that some part of you thinks will convince on-lookers that you did it on purpose? like you were just testing out a new dance move for the clubs? what - you mean those thousands of broken spent fuel rod assemblies? yeah - it's cool.. oh - and if you ask questions in japan on this, off to jail you go!

    1. Re:great way to recover from a stumble by Cardoor · · Score: 1

      oops - wrong story tab open.. delete...

    2. Re:great way to recover from a stumble by Anonymous Coward · · Score: 1

      Sorry dude, it didn't work. Lemme try: delete.

      Anything yet?

      Hang on, lemme try again: DELETE!!

      dang...

  14. Corporations control congress right? by EMG+at+MU · · Score: 1

    Don't large corporations control congress? Don't congress members want to stay in the good graces of corporations so they continue to get campaign donations and board positions upon retirement from public service?

    Why aren't large corporations pressuring congress to reign in the NSA?

    Who's holding the puppet strings?

    1. Re:Corporations control congress right? by dkleinsc · · Score: 1

      What does the corruption of the US Congress have to do with the marketing decisions of Canada's Prime Minister? One thing Canada is quite clear on: They aren't the US, and never will be.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    2. Re:Corporations control congress right? by whoever57 · · Score: 1

      Why aren't large corporations pressuring congress to reign in the NSA?

      Amongst those "large corporations" are companies that are suppliers to the NSA (people, equipment, etc.) and they have better contacts within Congress than the Silicon Valley companies that suffer due to the NSA's activities.

      --
      The real "Libtards" are the Libertarians!
    3. Re:Corporations control congress right? by davecb · · Score: 1

      They're voting with their feet. That tends to make their complaints look fairly serious to the US congress.

      --
      davecb@spamcop.net
    4. Re:Corporations control congress right? by NicBenjamin · · Score: 1

      They're bitching about voting with their feet, but that doesn't make it a credible threat. Business is always bitching about something.

      The problem Silicon Valley has is there's nowhere to go, and even if they leave they still have to obey US Laws or lose the US Market. And by "US Market" I don't just mean customers in the US. I mean suppliers in the US, US banks, etc. Canadian banks were just ordered to a) violate Canadian privacy laws by collecting data on precisely which of their customers is a US citizen and disclose that info to the US IRS, or b) lose 30% of every transaction in the US to aforementioned IRS. Very few people believe they'll follow Canadian law.

    5. Re:Corporations control congress right? by davecb · · Score: 1

      The banks seem to be pushing back more than Revenue Canada. They're doing things like warning every suspected "US person" that if they open an account, they have to report to Revenue Canada, who will pass their name on the Internal Revenue. That, by the way, is the Canadian law they've committed to following.

      Cisco has already committed to moving R&D to the Toronto area. Moving factories to cheap countries is normal. Moving R&D to expensive North American cities is genuinely unusual. Even Sun only based secondary stuff here, like ABI stability, and we had a significant cost advantage back then.

      Companies producing anything hackable can't afford to exist only in the States any more: they need a significant presence in a country with different laws, so they can play off the countries' legal systems off against one another. Conversely, Canadian companies may well want to have a presence in the EU, and EU companies may wish to move their US operations to Canada or Mexico.

      --
      davecb@spamcop.net
  15. Re:You Know They'll Roll Over! by Vanderhoth · · Score: 5, Insightful

    Yeah, I'm Canadian. Canada has a pretty good "sharing" relationship with the US. It's a safe bet that if data is stored here we're pretty much just going to hand it to any US government org. that asks for it. I'd be willing to bet this is a scheme cooked up by the NSA because they know Canada will just roll over and hand the info back to them so they can just continue on business as usual. We're not really the confrontational types up here.

  16. Welcome to your data by alexhs · · Score: 5, Insightful

    American citizens, come and host your data on canadian soil !
    Therefore, it will technically be foreign data.
    Therefore, the NSA will be able to spy on it without trespassing any law regulating spying on its own citizens.
    Thanks for your cooperation.

    --
    I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
  17. Re:You Know They'll Roll Over! by MouseR · · Score: 5, Insightful

    I think it would be worse for US to store their data in Canada because at that point, NSA is just spying on another country rather than in their own turf. Something that is in high scrutiny at the moment.

  18. Re:You Know They'll Roll Over! by BobMcD · · Score: 4, Interesting

    It's actually worse than just them rolling over.

    See, Canadian operations are firmly within the jurisdiction of the NSA. So moving out of country makes you more hackable, not less.

  19. The more the merrier by cold+fjord · · Score: 1
    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  20. Re:You Know They'll Roll Over! by mrclisdue · · Score: 4, Funny

    You know the Canadians will roll over on you, eh?

    Please, sir (I say "sir", and I apologise if you are a "ma'am", ma'am), but on behalf of all Canadians, I urge you to consider that it is "politeness, pleasantries, civility, and common courtesy" that you misinterpret as "rolling over".

    We simply rush to the front and open the door for you, sir/ma'am.

    I hope I haven't offended you in any way, and I apologise for taking your time.

    Thank you, and all the best, Godspeed.

  21. companies dont care about customer data. by nimbius · · Score: 3, Insightful

    The argument is premised on the idea that Americas largest multinational corporations are somehow so divorced from the legislative and governance process of the United States as to need to seek asylum in a foreign country.

    companies only care about customer data if consumer market research data indicates negative shifts in earnings as a result of their inability to assauage customers of the validity, sanctity and security of their data. A prime example is the Target scandal recently. the cost to shore up security was probably much greater than the cost to issue apologies in the media. Target further mitigated the impact by using weasel words like "may have" or "possibly" when describing the outcome of their data breech. This in turn led the financial companies beholden to the cardholders to issue, of course, similar statements with a key advisory to "watch" your credit card, not to replace it which while effective would have been vastly more expensive for the financial company.

    when companies face any real backlash from their customers, they legislate their way around it through the appropriate channels. AT&T demanded immunity from Bush wiretapping and received it. had they cared about your data, they would have fought the government to eliminate warrantless surveillance of this kind. But the law is ever on their side as they are the ones who craft it. Verizon lobbied extensively for stricter laws protecting arbitration clauses. They did it in response to a string of class action lawsuits related to overbilling customers. had they cared about the letter of the law, they would have made major changes and improvements to their billing system that prevented the plaintiffs from suffering the ridiculous mischarges in the first place.

    --
    Good people go to bed earlier.
    1. Re:companies dont care about customer data. by Anonymous Coward · · Score: 2, Funny

      If you think that sucks, did you know there's an entire political party organized around the belief that companies won't screw their customers as long as there are no regulations and laws which require bribing legislators to get around? Who'd have thought that removing those laws and regulations without any need to bribe anybody would have the opposite effect removing them on pain of bribe would have.

  22. You can rule out any ECHELON affliated countries by i_want_you_to_throw_ · · Score: 1

    No secret that the NSA works with Canada, New Zealand, UK and Australia on ECHELON so anything in those jurisdictions is easily subject to acquisition. Equally easy would be any jurisdiction in Commonwealth countries or countries that are desiring entry into the Commonwealth who would allow this on their soil just to curry favor with the UK.

  23. NSA has no borders by sl4shd0rk · · Score: 2

    What makes you think a hacked Cisco border router plugged into the Internet is any more secure in Canada? It's just a couple more hops, that is all.

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    Join the Slashcott! Feb 10 thru Feb 17!
    1. Re:NSA has no borders by zlives · · Score: 1

      the "thought" is that Cisco was being forced to write compromised code...

    2. Re:NSA has no borders by Anomalyst · · Score: 1

      the "thought" is that Cisco was being forced to write compromised code...

      far more likely they offered Pakastani pre-comprimised code as an "upgrade" option for 30% off their uneasonable retail price to all government agencies

      --
      There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
    3. Re:NSA has no borders by NicBenjamin · · Score: 1

      It's not a very sensible "thought." If the US can bully Cisco the US can bully Cisco. It doesn't matter where the designers are.

      CISCO does business in the US. That means it has bank accounts here. The court isn;t gonna give a shit that the designer isn;t subject top it's jurisdiction, it's just gonna fine CISCO and seize the bank account.

    4. Re:NSA has no borders by zlives · · Score: 1

      30% off is available to every one.... so that means?!!

    5. Re:NSA has no borders by zlives · · Score: 1

      i agree, not very sensible at all. basically it seems to be a whitewash attempt by cisco to placate those that are now questioning the vendor.

  24. Trust no-one. by SuricouRaven · · Score: 1

    If you really care about keeping that data confidential, keep it in your own computers! If a government agency wants it, at least then you'll probably find out.

  25. Re:You Know They'll Roll Over! by wonkey_monkey · · Score: 3, Insightful

    Thank you

    Thank you kindly.

    --
    systemd is Roko's Basilisk.
  26. Re:U.S. courts 'extradited' Canadian bank records? by pla · · Score: 2

    - comply with FATCA and break Canadian law
    - get permission from their US customers to hand over info to the IRS
    - don't do business with US citizens living in Canada (of which there are about a million)


    I fail to see how that puts the banks in a difficult situation. Canadian banks have no obligation to comply with US law; they do, however, have an obligation to comply with Canadian law.

    The burden of compliance here rests entirely on those US citizens storing money in Canada. The Canadian banks simply need to join the EEA in telling the US to go fuck itself as regards the wholesale presumption of US hegemony over global AML regulations.

  27. What Good is Data Not Shared? by mlw4428 · · Score: 1

    No matter where you move it, if you're sharing it on the internet there's a good chance it will touch some fiber or cable that is US jurisdiction. If that happens it can be seen, stored, and spied on at the NSA's leisure. Nothing is fixed, it's all PR smoke and mirrors.

  28. Re:U.S. courts 'extradited' Canadian bank records? by davecb · · Score: 1

    To be precise, the case was one in which the US required the Bank of Nova Scotia's subsidiary in the US to duplicate records from the Cayman Islands, contrary to the laws of the Caymans and also of Canada, where the Bank is chartered. That's why I put quotes around the "extradited" (;-))

    If the records were already in the 'States, there wouldn't have been reason for the Bank to object to a subpoena from a US grand jury.

    Returning to your post, FATCA is indeed a problem, and IMHO is a US response to tightened blocking legislation in Canada. US business would be well pleased if it caused ScotiaBank to go away.

    --dave

    --
    davecb@spamcop.net
  29. Re:TRUST NOBODY by sharknado · · Score: 1

    Trust nobody and you won't have to worry.

    , said the man in the tin foil hat.

  30. Five Eyes by Anonymous Coward · · Score: 2, Informative

    https://en.wikipedia.org/wiki/UKUSA

    Spoiler alert: Canada is one of them.

  31. Re:You Know They'll Roll Over! by ebno-10db · · Score: 1

    Canadian operations are firmly within the jurisdiction of the NSA.

    So? They don't seem to let that keep them from spying in the US.

    moving out of country makes you more hackable

    Not necessarily. Hacking is easier when you can operate inside US operations, with the cooperation of management.

  32. Catch22 by vux984 · · Score: 2

    Its an interesting catch22; moving the data out of the US theorectically elevates the legitimacy of any NSA attack on it, since its now a legitimate attack on 'foreign signals'.

    On the other hand thanks to the rampant domestic abuse, and undermining of local legal protection, at least moving it outside the country requires the NSA actually attack it rather than just help themselves.

    All that is assuming the Canadian's won't be complict sharing the data; but to my knowledge at least, that would still require somebody attack it as Canada doesn't seem to have quite the same degree of "give us your all data, don't tell anyone you are doing it, because: national security".

    Is it a marketing move? Absolutely.

    But it does still have some real impact; and really if you want the US to change its habits, an economic angle is really the best way to get their attention.

  33. Re:You Know They'll Roll Over! by Vanderhoth · · Score: 2

    And that is what we call a Canadian burn, Eh!? ;)

  34. Re:TRUST NOBODY by ebno-10db · · Score: 1

    What were previously known as tin foil hat types have been vindicated by recent revealed information. They've gone from being laughed at to being able to say "I told you so".

  35. Re:You Know They'll Roll Over! by BobMcD · · Score: 2

    To spy in the US, though, they need a FISA rubber stamp. So there's a record of it, somewhere, supposedly.

    To spy in Canada, they just need to push the button.

    If it were my company, I would have all the realms under my own authority as much as possible. Nobody could be served a warrant without my knowing about it. So no data centers, vendors, or other third parties with access to my systems, and they'd need to be in the US.

    This way were any of my data seized there's just cause to go looking for a copy of the warrant.

    Moving it to Canada just means you've removed the necessity to get a warrant at all.

  36. FTC by AndyKron · · Score: 1

    If a company has rights, it also has the obligation to fight for it's rights, not run to Canada. Those companies shouldn't be allowed to operate in the USA.

  37. not so simple by Chirs · · Score: 1

    The companies don't just transfer money from one bank account to another...it's way more complicated. One way is to pay an offshore subsidiary huge amounts of money for relatively little actual work. They can then call that a "cost" in the USA and reduce taxes owing, then show the profits in another country with lower taxes.

    1. Re:not so simple by Grishnakh · · Score: 1

      One way is to pay an offshore subsidiary huge amounts of money for relatively little actual work. They can then call that a "cost" in the USA and reduce taxes owing, then show the profits in another country with lower taxes.

      Again, these seems like a failure of the US (or any national government in the same position) to create decent laws to regulate this sort of thing. One obvious easy fix is to simply disallow companies from owning offshore subsidiaries or being multinational. Another would be to heavily regulate MNCs and have government regulators look over all their transactions with their subsidiaries. Another would be to forbid MNCs from owning subsidiaries in particular countries (low-tax locales), or set up all kinds of stringent laws governing their activities with subsidiaries in such locales. For instance, what business does just about any company have owning a subsidiary in the Cayman Islands? There's no industry to speak of there, except banking. Therefore, unless a company can prove they're actually doing something useful there, they're not allowed to have a subsidiary there. Problem solved. There's no need to pressure GC banks to give them information, just don't allow companies to operate there since it's such a problem.

  38. You missed the real reason... by Chirs · · Score: 1

    The banks do business in the USA. If the Canadian side didn't cooperate, then the American side would presumably be targeted by the government.

    1. Re:You missed the real reason... by mrchaotica · · Score: 1

      Clearly, the solution is for the rest of the world to stop doing business with the United States.

      And as a US citizen, I urge you to please do it! The Federal government is no longer under citizen control; a worldwide embargo might be the only thing left that could stop it from continuing to run amok.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  39. Re:You Know They'll Roll Over! by Registered+Coward+v2 · · Score: 3, Insightful

    I think it would be worse for US to store their data in Canada because at that point, NSA is just spying on another country rather than in their own turf. Something that is in high scrutiny at the moment.

    Excellant point. Data stored abroad would not necessarily be afforded the same legal protections as data stored in the US. Even given the recent revelations companies should take that into consideration as well.

    --
    I'm a consultant - I convert gibberish into cash-flow.
  40. Bank of Nova Scotia case by Quila · · Score: 1

    Somebody didn't bother reading his own link. There, information was requested from the American branch of a Canadian bank, seeking information about American customers where the files resided in the Caymans.

    1. Re:Bank of Nova Scotia case by NicBenjamin · · Score: 1

      Doesn't matter. The Bank was arguing that it can't be penalized by the US for following Cayman (and Canadian) law in the Caymans and Canada. The Court ruled "Fuck them."

      So Cisco opens this wonderful, super-secure, NSA-free-site in Toronto. The NSA gets the US legal system to impose some penalty on Cisco until it's servers are no longer NSA-free. If Cisco goes to Court claiming they can't be forced to violate Canadian law they will be laughed out of court.

      Same goes for Google's new, secure, NSA-proof product. Google has US operations, and as long as those operations exist US courts will be able to bully the fuck out of Google.

    2. Re:Bank of Nova Scotia case by Quila · · Score: 1

      The Bank was arguing that it can't be penalized by the US for following Cayman (and Canadian) law in the Caymans and Canada. The Court ruled "Fuck them."

      The bank dragged its heels, and the Caymans government allowed the release of the records in cases where it is a criminal investigation not related to taxes. The bank only tried to use Caymans general privacy policy as an excuse. The fun part is that should they try to apply this to a US company with overseas data, it gets to hit court.

  41. Re:U.S. courts 'extradited' Canadian bank records? by pla · · Score: 1

    False. There is an obligation on US citizens, but there is ALSO a new requirement on the foreign banks under FATCA.

    That only applies to banks choosing to do business in the US, whether or not the US says otherwise. Though as you point out, most banks do choose to do some of their business in the US.


    Actually, the EEA hasn't said that at all. Many foreign banks are choosing to not do business with US citizens since that is an easier solution.

    Nonbinding at this point, but yes, they have said exactly that.

  42. Re:TRUST NOBODY by bob_super · · Score: 2

    I don't trust the tin foil makers. What can I do?

  43. Re:U.S. courts 'extradited' Canadian bank records? by Maow · · Score: 1

    That court case did nothing of the sort - it was a court case against a local US bank subsidiary asking for records of other subsidiaries in the Bahamas and Cayman Islands.

    I came in here to address this issue.

    An interesting quote (emphasis mine) from the linked-to case:

    The nationality of the Bank is Canadian, but its presence is pervasive in the United States.[18] The Bank has voluntarily elected to do business in numerous foreign host countries and has accepted the incidental risk of occasional inconsistent governmental actions. It cannot expect to avail itself of the benefits of doing business here without accepting the concomitant obligations. As the Second Circuit noted years ago, "If the Bank cannot, as it were, serve two masters and comply with the lawful requirements both of the United States and Panama, perhaps it should surrender to one sovereign or the other the privileges received therefrom."

    Over all I do hope that more data is moved to Canada (hence more jobs here), and the Canadian governments, federal and provincial, strengthen their determination (and regulations) to keep sensitive citizens' data out of the USA.

    How about a nice, fat trans-Canada fibre optic cable, all within our borders? I imagine the spending on the advertisements for the "Canada Action Plan" would've paid for a good deal of it...

  44. Re:TRUST NOBODY by geekoid · · Score: 1

    Not really.
    Being crazy and then happening to be right doesn't make you less crazy.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  45. Totally irrelevant if you're a "US company"... by BUL2294 · · Score: 3, Informative

    So unless Google, Facebook, and the like are no longer going to be US-based companies (which I doubt will happen, especially given that they are publicly traded), and decide to shut down all operations in the US, things like the Patriot Act & wiretapping laws would still compel these companies to hand over data, despite the data center sitting on Canadian soil--or anywhere else in the world... Remember that Microsoft refused to answer questions about whether law enforcement had backdoors into Skype calls, after M$ picked up Skype. Pre-takeover, when Skype was an Estonian company, US-required backdoors didn't exist & couldn't be compelled, so the NSA had to hack to get the data...

    --
    Windows 3.1x calc: 3.11 - 3.10 = 0.00
  46. Re:You Know They'll Roll Over! by Anonymous Coward · · Score: 1

    Canadian operations are firmly within the jurisdiction of the NSA.

    So? They don't seem to let that keep them from spying in the US.

    moving out of country makes you more hackable

    Not necessarily. Hacking is easier when you can operate inside US operations, with the cooperation of management.

    Pfft. Acquiring data by coercion is not hacking. Acquiring data by force is. And to that, the NSA clearly feels a lot less encumbered when they are working internationally, because they dont have the threat of legal recourse hanging over their heads. The precedent has been set, if you hack across a border it is understood that it's "no questions asked" because not only do you not want to know the answer, you don't even want to know the question. This has been going on for years between superpowers. Read any book about e-brinksmanship with China, Russia, Iran, etc for more about how tight-lipped but permissive all countries involved are.

  47. Re:U.S. courts 'extradited' Canadian bank records? by compro01 · · Score: 1

    Canadian banks have no obligation to comply with US law

    They do if they operate in the USA. I know RBC does.

    --
    upon the advice of my lawyer, i have no sig at this time
  48. Re:You Know They'll Roll Over! by Anonymous Coward · · Score: 1

    To spy in the US, though, they need a FISA rubber stamp. So there's a record of it, somewhere, supposedly.

    About that ... The federal government has acknowledged that FISA is signing warrants that do not name the person or company whose data is to be gathered. There used to be a red-letter name for that http://en.wikipedia.org/wiki/Lettre_de_cachet

  49. Don't bet on it. by Hamsterdan · · Score: 1

    Our rights are slowly being eroded thanks to Harper. The actual government won't be happy until we are a police state.

    --
    I've got better things to do tonight than die.
  50. Re:You Know They'll Roll Over! by ebno-10db · · Score: 1

    To spy in the US, though, they need a FISA rubber stamp.

    Since you already called it a rubber stamp, all I need say is that I agree.

    If it were my company, I would have all the realms under my own authority as much as possible. Nobody could be served a warrant without my knowing about it.

    Are you sure that's a good idea? Plausible deniability has it's uses.

    This way were any of my data seized there's just cause to go looking for a copy of the warrant.

    They don't seize your data like it was a physical item, they just make a copy of it. Usually that's surreptitious, so you don't even know it's happened. Look up things like recognized "national security exceptions" to the 4th Amendment.

  51. Re:You Know They'll Roll Over! by ebno-10db · · Score: 1

    And it was a major aspect of British tyranny that we fought a revolution to get rid of. What a shame these things aren't mentioned in textbooks on American history. Oh, wait ...

  52. Just remember Hushmail by Virtucon · · Score: 2

    Yeah, that won't work for example: Hushmail folded like a house of cards.

    --
    Harrison's Postulate - "For every action there is an equal and opposite criticism"
  53. Re:TRUST NOBODY by ebno-10db · · Score: 1

    Being crazy and then happening to be right doesn't make you less crazy.

    They were called crazy precisely because of the things they said that "just happened" to be right. Where I come from repeatedly getting things right is called a good track record. It should make you question your original assumption about them being crazy.

  54. Re: TRUST NOBODY by ebno-10db · · Score: 1

    Yes but it enables and encourages the crazy which is never a good thing.

    Don't worry about it. The NSA and our illustrious elected officials won't change regardless of whether they're "enabled and encouraged".

  55. Non-security by Cruciform · · Score: 1

    They'll just let the NSA know that the national password is 'bacon' and it's back to spying as usual.

    1. Re:Non-security by WillAffleckUW · · Score: 1

      They'll just let the NSA know that the national password is 'bacon' and it's back to spying as usual.

      Foolish American! Everyone knows the password is "toque".

      And the adminstrator's password is always "centre".

      --
      -- Tigger warning: This post may contain tiggers! --
    2. Re:Non-security by Cruciform · · Score: 1

      I'm not American, eh.

  56. Re:You Know They'll Roll Over! by mcgrew · · Score: 1

    Yeah, my site is hosted in Canada. I'm waiting for a visit from them wanting to know how I knew who the Area 51 Grays really were and who really killed Kennedy.

  57. Re:You Know They'll Roll Over! by Anonymous Coward · · Score: 2, Informative

    I think it would be worse for US to store their data in Canada because at that point, NSA is just spying on another country rather than in their own turf. Something that is in high scrutiny at the moment.

    The seems to be spying on their own turf as well, so I don't see that there's much of a difference. :/

    Also, given that both countries are part of the Five Eyes collective, I think they're less likely to go into Canadian territory (at least not without asking). They'd probably just get CSEC to do the work instead.

  58. Look Elsewhere by tom229 · · Score: 1

    Unfortunately, Canada is just as bad. This would be especially true if you were a US citizen. They claim to go through "great pains to anonymize domestic communications" (which is likely not true) making all foreign (ie. US) communications fair game.

    Canada will also never refuse an extradition request to the US, or any of it's allies. A special circumstance is made for "political refugees" but I'd be completely surprised if some bullshit trumped up terrorism charges couldn't override that.

    So, US companies need to look elsewhere to harbor their data. And I say this as a somewhat less-proud Canadian citizen than I was a decade ago.

    --
    If it ain't broke, don't fix it.
    1. Re:Look Elsewhere by WillAffleckUW · · Score: 1

      Extradition for murder is only done when the US DOJ agrees that the death penalty will not be sought, since Canada has no death penalty.

      However, expecting you can commit crimes and go unpunished is a different question.

      --
      -- Tigger warning: This post may contain tiggers! --
    2. Re:Look Elsewhere by tom229 · · Score: 1

      It matters when the definition of 'crime' can be extended to doing something a powerful agency doesn't like.

      --
      If it ain't broke, don't fix it.
  59. Re:You Know They'll Roll Over! by davester666 · · Score: 2

    It WOULD technically be legal for the NSA to hack their way into these out-of-country systems, even if they know they are targeting data on American's, but they don't have to. We are America's lap dogs, and we are happy to just hand over the data on request. We have even weaker laws regarding this than the US, and even worse press coverage about what CSIS is doing [basically a combination of CIA and NSA].

    There is a reason why the President uses a BlackBerry and that the US NEVER complained about not being able to access BB messages like India and Saudi Arabia did. We bent over and spread 'em wide.

    --
    Sleep your way to a whiter smile...date a dentist!
  60. Re:You Know They'll Roll Over! by mdielmann · · Score: 3, Insightful

    The difference is, when your data is stored in the US, the US can pass laws saying that the data has to be handed over, and the companies holding it for you can't tell you. If it's in Canada, there are two options.

    First, Canada rolls over and requires the data be sent to the US. Of course, we don't currently have laws to require that, or for us to be silent about it if it does happen. Granted, we have the notwithstanding clause, which allows plenty of leeway, but not so much that they can emplace gag orders or warrantless searches.

    Second, the Canadian company holding your data knowingly and actively does all it can to stop the unlawful access of your data, and responds if there are attempted breaches. Note that this will not and can not happen in the US as things currently stand.

    At worst, it will be no different from having your data in the US. At best, you may have actual corporate security.

    --
    Sure I'm paranoid, but am I paranoid enough?
  61. Canada's Constitution has a Right of Privacy by WillAffleckUW · · Score: 2

    The US Constitution - as you no doubt have figured out by now - doesn't.

    --
    -- Tigger warning: This post may contain tiggers! --
  62. Re:TRUST NOBODY by oracleofbargth · · Score: 1

    I don't trust the tin foil makers. What can I do?

    Switch to cellophane. The tin foil acts as an antenna anyway.

  63. Re:You Know They'll Roll Over! by Anomalyst · · Score: 1

    Godspeed.

    One has to wonder, would a meth-addicted God be better or worse than the incomptetent one currently holding sway?

    --
    There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
  64. Can't trust them by thetoadwarrior · · Score: 1

    Really, who is dumb enough to trust a country that's right in there with the US and is part of the 5 eyes group. Typical Canada, it pretends it's the nice guy but it's just as bad as anyone else.

  65. Re:You Know They'll Roll Over! by ArcadeMan · · Score: 2

    We're not really the confrontational types up here.

    I was about to write an angry reply, but it's too cold outside to care.

    Signed, a fellow Canadian.

  66. Grow up, children by govett · · Score: 1

    Silly. Every major country has multiple agencies that conduct Internet espionage. Canada, for example.

  67. As a Canadian, No not really. by DarthVain · · Score: 1

    1) Canadian privacy laws are MUCH stronger here.
    2) Canada does not have laws like the Patriot Act, and others that facilitate government getting at your data legally.

    Our current PM seems to want to bend over backwards to do anything the US wants, but is still constrained by law (he isn't King of Canada just yet).
    Our intelligence agency, has had a couple of incidents where they "shared" information with the US. In at least one of these cases they are getting sued in a pretty big way, and will probably lose.

    Years ago I looked into hosting data on the cloud, but it was pretty much impossible considering concern for privacy law, and the fact that most of the companies hosting cloud services have their servers in the US, and the US had just passed the Patriot Act, which allowed them potentially too much access at a whim. Since then that act has been amended to give more powers, and new acts have been introduced (and passed?) that further erode privacy.

    The big difference is that in the US, much of your data is legally obtainable by the US government. In Canada it is not. Were they to share it (government or otherwise), it would be at the very least a privacy breach and illegal. There are ways to legally get at data within Canada, but usually involve a more rigorous process to obtain it.

    1. Re:As a Canadian, No not really. by NicBenjamin · · Score: 1

      You don't understand your system very well if you think Harper isn't de facto King. He's got a majority in Parliament. Two of your core Constitutional principles (Parliamentary Sovereignty, and Unity of Powers), mean he could re-write the laws on a whim. As long as his Tory backbenchers supported him he's fine. The restrictions on his power are that a) a parliament only last five years, so he needs to not piss people off or he'll lose and stop being King, b) Canada is a Federal system and there are certain things the federal Parliament simply cannot do, and c) the Canadian Charter of Rights and Freedoms. The privacy bit of c) is the only thing really relevant here, and it is stronger in some ways (it doesn't just apply to Canadians), but it's weaker in practice because the Canadian Courts have a narrower definition of "unreasonable search."

    2. Re:As a Canadian, No not really. by DarthVain · · Score: 1

      I do know what a majority is. However if Harper or the Conservatives wish to have a hope in hell of getting elected again, they will avoid doing anything too right for fear or polarizing the left to defeat them. Which is why I assume they are doing things incrementally and trying to keep as low a profile as possible.

      So yes, Harper could easily ram through a stupid law IF his party supports him in the decision, but would likely not remain in power much beyond that. At which point the new party would simply make a new law, and seeing as the old destroyed a political party, I doubt it would have much opposition.

      Still yes due to our system, that could leave us vulnerable to a stupid law for a few years in the meantime, c'est la vie.

  68. Cold Climate by DarthVain · · Score: 1

    LOL!

    Actually read the article. Which basically says that the NSA stuff with Snowden has made the perception of the US and privacy bad for cloud hosted services.

    Canada better privacy laws and...
    skilled workforce,
    COLD CLIMATE
    relatively cheap sources of electricity,

    make it ideal for companies to relocate data centers dedicated to cloud services to Canada.

    Heh, I suppose with the Cold Climate it would make cooling the data center less of an issue... :) Anyway made me laugh a bit. Though executives might not want to ever come visit facilities if last week -35 degree weather is the norm.

  69. Spying on citizens by phorm · · Score: 1

    the NSA will be able to spy on it without trespassing any law regulating spying on its own citizens

    How do we figure this? Supposedly spying on foreigners INSIDE America is OK, so why would spying on citizens OUTSIDE be legally acceptable? I thought it was about who is being spied on, not where the information is...

    1. Re:Spying on citizens by NicBenjamin · · Score: 1

      But according to their internal standards if they're 51% sure you're Canadian they can collect whatever info they want. Since most people who use a .ca email address are Canadian then they can collect your data. If it turns out you aren't Canadian they were acting in good faith, so they can still use the data at trial.

      Now you can disagree with the standards all you want, or think they shouldn't have the right to spy on Canadians, but until the Supreme Court (which appointed the guys who wrote the damn standard) rules that you're right the NSA can read anything from an account you have hosted in Canada with out even a FISA Court rubber-stamp.

  70. Re:You Know They'll Roll Over! by aristotle-dude · · Score: 1

    Godspeed.

    One has to wonder, would a meth-addicted God be better or worse than the incomptetent one currently holding sway?

    So you want to have a dictatorial god that forces everyone to do everything his way? Is that what you actually want? It is awfully easy to sidestep personal responsibility and morality if you instead decide to blame god for everything bad that men do.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  71. Re:You Know They'll Roll Over! by fido_dogstoyevsky · · Score: 1

    It WOULD technically be legal for the NSA to hack their way into these out-of-country systems...

    Under Canadian law? If not, what are the chances that the crackers would be extradited?

    --
    It's NOT a conspiracy... it's a plot.
  72. Re:You Know They'll Roll Over! by snakeplissken · · Score: 1

    wrong mod, posting to kill

  73. Re:You Know They'll Roll Over! by NicBenjamin · · Score: 1

    No country that recognizes the US as a sovereign entity is technically allowed to apply their internal laws to agents of the US Government. The definition of a sovereign entity is that it is the fucking law in your little bailiwick. If other countries have a problem with what a sovereign country they can do damn near anything (nuclear weapons, diplomatic notes, the random shit the Indians are doing to protest their Consul being arrested, etc.), except apply their domestic law codes to the agents of that country. International Tribunals are permissible, but Canada arresting an NSA guy because of something he did in Canada that was legal under both US Law and international law is not.

    In other words if you;re talking about what the NSA can legally do the only things that are relevant are a) the Constitution, b) the specific statutes Congress has passed authorizing the NSA, c) the orders/regulations issued by the President, and d) international treaties which the US has ratified. If the Fourth Amendment says we can hack Canada, and Congress says hacking Canada is the NSA's job, and the President (or his appointees) hack Canada the NSA dudes who hack Canada can;t be punished for anything by Canada.

  74. Re:You Know They'll Roll Over! by NicBenjamin · · Score: 1

    Canadian operations are firmly within the jurisdiction of the NSA.

    So? They don't seem to let that keep them from spying in the US.

    They do plenty of things in the US they wouldn't do in Canada. Bother with FISA warrants for one thing. Another is they actually try to figure out whether you're American before spying on you.

    Granted they don't have to work hard to fulfill either requirement, but something is always harder to do then nothing. And in Canada they have to do precisely nothing.

    moving out of country makes you more hackable

    Not necessarily. Hacking is easier when you can operate inside US operations, with the cooperation of management.

    You do realize the management in Canada is Stephen Harper? AKA: the guy who tried to send Canadian troops to Iraq?

    The NSA can get his help to do anything simply by muttering the word "Islamo-Fascist" three times. And he's got a lot more powers then the US Government.

    Harper will probably lose the next election, but he's got a majorioty so he can delay that thru 2015 if he wants. And his potential replacement (Trudeau Jr.) is a little better, but still isn't likely to send a "fuck the NSA letter" to Obama.

  75. It doesn't have to be true, just marketable. by HalAtWork · · Score: 1

    It doesn't have to be true, just marketable. This is about winning customers. Ruin the marketability of that statement and you ruin their stupid attempt at a false sense of security and then maybe we can move on to an actual solution. If people have faith in this, it derails true security.

  76. Re:You Know They'll Roll Over! by NicBenjamin · · Score: 1

    If some guy was setting up a social network in Canada to replace facebook, and some CanMail company was replacing gmail, you would have an excellent point. Nobody is talking about hiring Canadian companies to host their data in a format that they can't access from their office in the Valley.

    They're talking about a) building server-farms they own, or b) hiring Canadian server-farms. In either case if the Canadians start protecting data the Feds can simply get a FISA order sent to the main office, and since the main office can access that data the Feds will get their hands on it. The Canadians running the server-farm have no idea what the data is being sent to the Valley for, they just some guy's account is being accessed from HQ. For all they know he's visiting HQ, or some tech support drone has been granted temporary access.

  77. Re:You Know They'll Roll Over! by fido_dogstoyevsky · · Score: 1

    ... International Tribunals are permissible, but Canada arresting an NSA guy because of something he did in Canada that was legal under both US Law and international law is not. ...

    Looking for clarification, are you also saying:

    ... International Tribunals are permissible, but USA arresting a Canadian guy because of something he did in USA that was legal under both Canadian Law and international law is not. ...

    I

    --
    It's NOT a conspiracy... it's a plot.
  78. Re:You Know They'll Roll Over! by NicBenjamin · · Score: 1

    As long as he's a Canadian Agent acting under orders from his government that are legal under international law then yes.

    The weird thing is that we never violate the letter of this particular requirement, and we only violate the spirit once every couple decades. It is literally true that we violate the international rule against attacking countries for BS the President made up more often then we violate the rule on when you can arrest their officials. In fact the only time I can think of was the war to remove Noriega, followed by him being arrested by the US, but that was covered by a loophole because the guys we put in charge of Panama agreed to waive his immunity.

  79. Re:You Know They'll Roll Over! by aristotle-dude · · Score: 1

    If he was a god he wouldnt have to force you, he would have designed you to do it and thought it was your own free will from the start.

    I think you are a bit confused. Free will cannot be free will without the possibility of choosing the wrong decision. What is it with you people? You complain when you feel that other people are infringing on your freedoms but then you complain that god gives you the ability to make mistakes. Sure, god could have created man with no free will but what would be the point? We are not androids. We are living beings who are not god so we are capable of making the wrong choice.

    You seem to want contradictory things. If god is like a parent to his children (humanity), wouldn't you expect the parent to allow his children to grow and have the opportunity to make the right choices eventually?

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  80. Re:You Know They'll Roll Over! by mdielmann · · Score: 1

    Yes, the point about Google and Facebook is perfectly valid. In that case, people are dreaming or happily wearing their rose-coloured glasses. But this story was also about non-American corporations (i.e., not headquartered in the US) looking for non-American hosting (i.e., not hosted in the US) so that FISA warrants became a non-issue.

    --
    Sure I'm paranoid, but am I paranoid enough?