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Twitter Moves Non-US Accounts To Ireland, and Away From the NSA

Mark Wilson writes Twitter has updated its privacy policy, creating a two-lane service that treats U.S. and non-U.S. users differently. If you live in the U.S., your account is controlled by San Francisco-based Twitter Inc, but if you're elsewhere in the world (anywhere else) it's handled by Twitter International Company in Dublin, Ireland. The changes also affect Periscope. What's the significance of this? Twitter Inc is governed by U.S. law; it is obliged to comply with NSA-driven court requests for data. Data stored in Ireland is not subject to the same obligation. Twitter is not alone in using Dublin as a base for non-U.S. operations; Facebook is another company that has adopted the same tactic. The move could also have implications for how advertising is handled in the future.

153 comments

  1. That'll work by hcs_$reboot · · Score: 1

    as long as Ireland NSA is aware of the move.

    --
    Slashdot, fix the reply notifications... You won't get away with it...
    1. Re:That'll work by memnock · · Score: 1

      Since when has the NSA given a whit about boundaries? Or laws? As a matter of fact, now that the data is "foreign", it seems to fall more into their jurisdiction. At least that's the way I imagine those felons view the issue. Legally or not, the NSA will get the data if they want it.

    2. Re:That'll work by Anonymous Coward · · Score: 0

      Since when has the NSA given a whit about boundaries? Or laws? As a matter of fact, now that the data is "foreign", it seems to fall more into their jurisdiction.

      NSA is a US organization and does not have any jurisdiction outside of the US. They might not be breaking US law, but they would then be breaking Irish law.
      You might not give a fuck, but NSA is actively hurting US businesses by acting like dicks.
      Companies that wants to work internationally have to move their operation away from the US because of NSA and the jobs go with them.

    3. Re:That'll work by Anonymous Coward · · Score: 0

      You don't know what you're talking about. Most of NSA's work is outside the US. NSA's activities are having little effect on US business, that is mainly an excuse and nothing more except among the shrieking sheep on Slashdot. The US is full of companies that do work internationally. The same for the UK and GCHQ. The same for Frace, Germany, Canada, Australia, New Zealand, Sweden ....

      You ll know people are thinking about being serious when they bitch about Russia and China too.

    4. Re:That'll work by Anonymous Coward · · Score: 0

      Since when has the NSA given a whit about boundaries? Or laws? As a matter of fact, now that the data is "foreign", it seems to fall more into their jurisdiction. At least that's the way I imagine those felons view the issue. Legally or not, the NSA will get the data if they want it.

      When did the Internet ever have boundaries? Have another bowl of cheerios and shut up, kid.

  2. Except... by GoddersUK · · Score: 5, Informative
    1. Re:Except... by ClaraBow · · Score: 1

      Yes, but it's only "Emails and private information from customers of US companies"

    2. Re:Except... by NicBenjamin · · Score: 1

      Why would the Courts rule Twitter isn't "a US Company"? It started in America, it's IP is American, it's employees are American, it's Executives are US Citizens living in America, etc.

      The legal system is similar to a computer program in that it is a series of somewhat logical principles akin to an algorithm. It is completely 100% different because the actual humans who run it can tell when you're trying to get around their rules, and part of their algorithm is to say "No, fuck you for wasting my time, and here's a fine."

      Hell, even if it works and the government can't order twitter to tell them shit, it can definitely serve a warrant on the American CEO in America, and when he fails to comply because his company isn't an American piece of paper it's an Irish piece of paper they can lock his ass up until his engineers cough up the information. Microsoft is actually trying this strategy in the US Court system, and as of December they were appealing because the District Court took one look at their argument and said "Moron, I am not a fucking computer, you can;t hack me that easily."

    3. Re:Except... by alvieboy · · Score: 1

      Or eventually not.

      In case of Microsoft, since Microsoft is an US company, they can indeed force them to deliver data stored outside US.

      However, if "Twitter International Company" has no legal status in US, they cannot do it.
      I will assume Twitter, Inc., is a shareholder of "Twitter International Company", and that there is no other legal binding between both companies.

      If this is not true, then I agree with you, it's useless....

    4. Re:Except... by onepoint · · Score: 3, Informative

      I have a very general answer to this which if you research will lead to the exact answer.
      Companies in the USA are allowed to have subsidiaries ( look up the structure of any international bank )
      Subsidiaries are governed by local law and pass the profits up the chain.

      the government can not request a subsidiary outside of it's jurisdiction to hand over personal information
      ( maybe some other things, but not personal information )

      to carry this issue to the extreme ...
      Please see what Argentina did to citi bank recently (2015)
      Please see what NY ( 1996 to 2002 ) and the USA (last 6 years) did to Swiss banking
      NY told the Swiss ( in summary ) If you got nazi loot you can not do business with NY, Swiss banking replied by opening subsidiaries to handle NY business
      Swiss replied to the USA ... here are all the Americans that have accounts with us, you figure out who is evading taxes.

      --
      if you see me, smile and say hello.
    5. Re:Except... by onepoint · · Score: 1

      I think in the MS case, it was held in MS's own servers and not a separate entity servers in which MS had access.

      --
      if you see me, smile and say hello.
    6. Re:Except... by AmiMoJo · · Score: 2

      The issue in that case is that a court has ordered access, it's not a problem with NSA hacking.

      I welcome this move. As a European it protects my privacy a little more. It also punishes the US economically for the actions of the NSA, and unfortunately money is the only language they seem to understand. It's a shame GCHQ's actions are not having quite as dramatic effect on the UK, but for my part I have now moved all my servers overseas so there's a few quid gone.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    7. Re:Except... by NicBenjamin · · Score: 1

      Analogy fail.

      The Executive Branch of New York State was using it's law enforcement powers to enforce a Statute passed by the Legislative branch. The Courts had no skin in the game of who won that particular point, and had multiple interests to consider (ie: is the interest of the public in having access to Swiss banks more or less important then the public's interest in helping return Nazi loot).

      You'll note that in a case where the Court's own interests were at stake (tax evasion means less money for the Judicial system), and there's no public interest defense in keeping tax money from the Federal government; the government got access to all the personal information it wanted.

      In this case there is an actual Court ordering companies to give data to the NSA. You do not have to like the FISA Court, or think it's morally legitimate, to acknowledge that US District Courts are technically below the Appelatte-level FISA Court, and therefore have to follow FISA Court orders. Moreover it's twitter. All tweets are, by definition, public. The only data that twitter can possibly protect from the NSA would be a) deleted tweets (assuming the NSA doesn't have the budget for a 24/7 data miner on twitter.com), and b) which email address is attached to which twitter handle.

      Which basically means the public interest the Court would be considering is the public's interest in keeping which email addresses are associated with their twitter handles secret vs. the public's interest in not being blown up by terrorists. Given that they won't give the public standing to defend said public's private email communications, I sincerely doubt they're gonna say "well gee, precisely which email is attached to the twitter account is being used to advocate death to Americans (like my feudal overlord and personal hero Supreme Court Chief Justice John Roberts) is very sensitive information and should stay private."

    8. Re:Except... by onepoint · · Score: 1

      Not sure if I failed....
      I was showing how a structure could be used to go around.

      while the tax evasion I should have explained more

      I will say this, YOU WRITE real good. I enjoyed reading what you wrote.
      the voice I used was tonal to aggressive
      nice read...

      --
      if you see me, smile and say hello.
    9. Re:Except... by NicBenjamin · · Score: 1

      The subsidiary workaround worked because a) the New York state subsidiaries genuinely had no access to the Swiss bank vaults, and b) because Federal Courts are much less respectful of state laws then the warrants Federal courts issue. In this case it just doesn't pass the smell test to claim that the US-based version of twitter doesn't have the ability to get data from Irish twitter servers, particularly since the database software is probably designed here. Good luck convincing a Court you genuinely can't downgrade it to get rid of the security features you just added.

      As for my writing, thanks.

      Are we being civil to each-other on the internet? Since when has that been allowed? Particularly on Slashdot.

    10. Re:Except... by Cederic · · Score: 1

      it just doesn't pass the smell test to claim that the US-based version of twitter doesn't have the ability to get data from Irish twitter servers, particularly since the database software is probably designed here. Good luck convincing a Court you genuinely can't downgrade it to get rid of the security features you just added

      If my direct boss - based in Texas - tells me to do something with the intent of breaking UK law, I say no. If I think he's going to use his access to a UK hosted system to break UK law, I'll get his access revoked.

      He'll back me fully on that, and even if he doesn't, UK law prevents me being sacked for acting like that. Hell, the UK management team will thank me.

      To subvert the security as you suggest, he'd need to do so without anybody in the UK finding out what he was planning to do, how he was doing it, or why. The moment we find out we're legally obliged to act to prevent him.

      Maybe a US court wouldn't agree with that, but it's not hard to get a UK court order with which we'd comply.

    11. Re:Except... by NicBenjamin · · Score: 1

      Congratulations. You get a gold star.

      Meanwhile your boss's boss has secretly installed a back door in your database software, which he could not tell you about due to a US Court Order, and if you figure it out and sabotage the back door he gets to get fined.

      BTW: what precisely do you think is stored in a Twitter database that is protected by UK law? This is Twitter, not Hotmail. Almost the entire database are tweets, which count as public statements, and have no expectation of privacy. Most of the rest of the database consists of your name and twitter handle, which are displayed with your tweet and thus public statements. Refusing to supply any one of these things to the NSA is not a position that's protected by British law in any way shape or form.

      The only thing that could possibly have any level of protection whatsoever is the email address twitter uses to communicate with users, and in a country that spent decades fighting masked gunmen reading public statements I sincerely doubt a that there is some magical legal document protecting your right not to be linked to your public statements.

    12. Re:Except... by Cederic · · Score: 2

      Hmm. How about my name, my email address, the person that referred me to twitter, the people with whom I've exchanged private messages, the contents of those messages, the IP addresses that I connect from, the adverts shown to me and the ones on which I clicked.

      I'm also sure my boss wont get fined if I disable his backdoor. But thanks for the gold star.

    13. Re:Except... by NicBenjamin · · Score: 1

      You might have a point on private messages and British law, but the rest of it just isn't protected. I didn't know it had that feature because I've never used it. It also may not be. UK Cops use Facebook posts all the time without a warrant, and those only go out to a select group of your friends. But as for the rest, it's fucking twitter. The whole point is that it's not private. Your handle, your name, and your tweets are all public information that you have no right to keep out of Court. And if you have no right to keep them out of Court then (under bopth the British and American systems) you have absolutely no right to protect that information from the government at all.

      As for the fines, you have yet to present any legal argument that would prevent your boss from being fined for violating a Court Order if he let you know that he had installed a back door. Microsoft is trying the one you'd doubtless make, but it's lost at the District Court level and is not likely to win at higher levels.

    14. Re:Except... by david_thornley · · Score: 1

      The legal argument there was that Microsoft USA had access to the data, and did not need to try to compel Microsoft Ireland to do anything. A US court can order a US entity do turn over information. If some data is not accessible to Twitter USA because it's in Twitter Ireland and they don't publish it automatically, then all Twitter USA could do is ask Twitter Ireland for the information. There has got to be precedent for this, but I don't know what it is.

      I'm not a lawyer, although I have had people play lawyers in my role-playing games.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    15. Re:Except... by david_thornley · · Score: 1

      Got any reason to believe that companies are compelled by law to install back doors and not tell anybody? As far as I can tell, that's speculation. There are laws in place to force companies to install back doors in communication systems, and to hand over information without telling anybody, and these have been around for a long time. (The difference between the old ways and the post-Patriot Act ways is that the old ways got information on specific people specified by actual warrants, or information supplied without legal coercion.)

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    16. Re:Except... by NicBenjamin · · Score: 1

      It's a warrant. The restrictions on what it can do are very very limited. As long as the cops convince a Judge that that the public interest is better served by adding the backdoor then not adding it it's perfectly legal.

      In other words:
      Dude, there's a reason they're called "powers," not "easily-hackable APIs."

    17. Re:Except... by onepoint · · Score: 1

      >>Are we being civil to each-other on the internet? Since when has that been allowed? Particularly on Slashdot.

      look at the discussion on this thread ( our little section )
      being civil is the top form of discussion.
      and everyone is working at the top of their game

      I've learned more in this little chat than the rest of the threads

      --
      if you see me, smile and say hello.
    18. Re:Except... by david_thornley · · Score: 1

      A warrant is a document authorizing certain specific actions on certain specific people. It says nothing about making back doors available in general. There is no legal requirement to add a back door (except for communication systems, with CALEA). It is possible that the government is somehow pressuring companies into providing back doors, but there is no legal way to do that in secret, and I'd like to have some evidence before I believe it's happening. I'm not that paranoid.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    19. Re:Except... by NicBenjamin · · Score: 1

      By that standard warrants don't have anything to do with searching a bag i9n your closet because it would probably be for the entire room and say nothing about a bag directly.

      This is what happens:

      1) Court issues warrant.

      2) Twitter refuses to comply with warrant, claiming it can't due to the way it's designed it's database.

      3) Court rules that bullshit and starts fining Twitter for contempt.

      Now Twitter is fined every day it doesn't have a back door. Lawyers probably insist on claiming it has not been ordered to install a back door or be fined, but this is because lawyers are insane and do not live in the real world. Twitter's choices are a) install a back door so the data can be handed over or b) get fined. Ergo they are ordered to install a back door or be fined.

    20. Re:Except... by david_thornley · · Score: 1

      A warrant to search a house might well cover a small bag in a closet. It depends on what the warrant was issued to search for. If there was probable cause to think a person might be held against their will, then looking into the closet would be legal but not opening a bag. If it was a search for something small, like drugs or stolen jewelry, opening the bag would be legal. I don't know what you're getting at here.

      If you find two cases of this sort of thing happening in the US, let me know. I know about Lavabit, but they taunted the happy fun court system, generally a mistake. One analogy might be retained email, and the courts have decided that they can't require a company to come up with destroyed emails, or penalize them for not keeping emails past their policy-defined retention date.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    21. Re:Except... by NicBenjamin · · Score: 1

      A warrant to search a house might well cover a small bag in a closet. It depends on what the warrant was issued to search for. If there was probable cause to think a person might be held against their will, then looking into the closet would be legal but not opening a bag. If it was a search for something small, like drugs or stolen jewelry, opening the bag would be legal. I don't know what you're getting at here.

      My point is that warrants are flexible. If the cops have a warrant to search a room you can't get out of it by arguing technicalities. The legal system is run by humans, not computers, so the guy who thinks of a clever way to reclassify his data has only made it slightly more expensive for the government to take it, and then guaranteed he'll get fined.

      Many, many computer geeks see that the legal system is basically a series of algorithms, conflate that with the algorithms running their non-human computers, and think they can figure out a way to hack the algorithm. That may be the case (see Mitt Romney's tax burden), nine times out of ten the humans running the Court system will see a clever hack like this as bullshit intended to keep them from doing their very important (and they think they are very very very important) jobs.

      If you find two cases of this sort of thing happening in the US, let me know. I know about Lavabit, but they taunted the happy fun court system, generally a mistake. One analogy might be retained email, and the courts have decided that they can't require a company to come up with destroyed emails, or penalize them for not keeping emails past their policy-defined retention date.

      Microsoft is gonna be a case of this real soon now. There won;t be very many public examples, because generally to be a public example you'd have to a) publicly proclaim you were using some legal stratagem to keep your user's data safe, and then b) publicly admit it didn't work.

      Part of the problem with Twitter's strategy is they publicly announced it. If you're a Judge who thinks you are all that stands between Civilization and Anarchy, with your Fair Rulings sending Bad People away; you are not gonna appreciate that a multi-billion company has tried to make your rulings harder to enforce. When the DEA asks for a warrant to search some guy's private messages on Twitter, and you think they're right, you are not gonna be in the mood to rule that the legal system has been successfully hacked by an MBA and a couple engineers at Twitter.

      Twitter are really going to have to prove that they cannot access the Irish data, and you aren't going to be taking their word for it when they say that [insert database feature you never learned about in law school because law school doesn't teach database theory] prevents them from accessing their Irish database.

    22. Re:Except... by david_thornley · · Score: 1

      The justice system has some flex, but it's generally predictable. Human flexibility means it isn't the rigid computer-language-like system, yes, but if you can state an issue in fairly general terms you can generally use logic. If this wasn't the case, we wouldn't have tax loopholes, and we wouldn't have lawyers advising on how to do things the legal way.

      Microsoft is going to lose, because the cold hard fact is that Microsoft USA has direct access to the emails the US judge wants, and the US judge can direct US people in a US company to turn over pretty much any data they've got access to.

      Twitter is setting things up (as I understand it) so that Twitter USA simply does not have access to certain data. The US judge can direct the people in Twitter USA to do things, like direct the people in Twitter Ireland to hand over the information, but the people in Ireland know that it's illegal to hand over the information (if it's legal we have no problem here), and that Irish law protects them from retaliation. The question is what the US judge can do in the face of legal barriers elsewhere.

      If the data goes through Twitter USA at some point, the judge can presumably order them to start collecting it. If the policy was not to store it, I'd suspect that it would be like policy on email retention: you can't be faulted for destroying email according to policy, but you have to stop deleting it if the judge says so. You can also tell the judge that providing information is an undue burden. It's going to require a lot of proof, but that claim has been used and has been successful. The courts are not normally in the business of requiring the impossible or the unduly onerous.

      If Twitter complies with all court orders as well as it can, it's likely to get away with this, as long as the data is never in this country. It's not unusual for a litigant or prosecutor to ask for court orders in the US and in another country to get data from that other country.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    23. Re:Except... by NicBenjamin · · Score: 1

      You do realize your entire chain of logic is predicated on the assumption that the Judge believes them when they claim they can't access it? Change that and even you admit that Twitter gets fined until it complies, which means installing a back door..

      Moreover I think you need to do some research on the ability of the US Legal system to penalize Americans for failing to ensure foreign legal systems don't kiss the ring of a random District Court Judge. Denny Chin, for example, is generally a pretty good Judge. He has recently been in the news because he's repeatedly ruled that Argentina's sovereign default has no standing under US Law; and therefore the American banks who are running their bond programs have to pay vulture funds at the pre-default rate. The Appeals Court has backed him up. The Supremes refused to even hear the case.

  3. Doesn't help that most Tweets are useless. by Anonymous Coward · · Score: 0, Insightful

    That's great and all, but it doesn't change the fact that pretty much every tweet out there is total crap. By its very nature of rapid information flow, even the most worthwhile tweet is quickly (within seconds!) eclipsed by shitty tweets, and quickly is long forgotten.

  4. Really? by argStyopa · · Score: 5, Funny

    "....away from the NSA."

    Ha ha ha ha ha, yeah, that was +1, hilarious.

    -The NSA

    --
    -Styopa
    1. Re:Really? by monkeyzoo · · Score: 1

      Out of the frying pan and into the fire.
      So now they're outside NSA's jurisdiction and under that of GCQH, which was even ahead of the NSA with a "full take" collection system.

    2. Re:Really? by Anonymous Coward · · Score: 0

      Dude, GCHQ has no jurisdiction in the Republic of Ireland. Directorate of Intelligence (G2) is the agency you're conflating GCHQ with.

    3. Re:Really? by monkeyzoo · · Score: 1

      Oops. My bad. I stand corrected. ;-)

    4. Re:Really? by Anonymous Coward · · Score: 0

      "...away from [the legal jurisdiction of] the NSA" is the important part.

    5. Re:Really? by Anonymous Coward · · Score: 1

      So now they're inside NSA's jurisdiction

      Fixed that for you.

      The courts have ruled that anything outside of the US is 'fair game'. Now they do not have to bother even with a warrant. You actually made their job EASIER. They do not even have to bother with the rubber stamp.

      Also isnt twitter posted in the clear and everyone can read everything? Sort of the point of the system. It is a vanity service of 'look at what I am doing'. I suppose you could use it for closed service sorts of things but there are much better services for that.

    6. Re:Really? by onepoint · · Score: 1

      While you are right. the point is more to focus data retention and privacy law locally.
      Now all hell has to break loose in order for one side to learn or get data from the other.

      --
      if you see me, smile and say hello.
    7. Re:Really? by Anonymous Coward · · Score: 1

      Quite the opposite; this is a political move only. They've moved from *out* of the NSA's jurisdiction and INTO the NSA's jurisdiction. Their domestic wiretapping is of questionable constitutional legality. Their overseas work is completely legal.

    8. Re:Really? by Anonymous Coward · · Score: 0

      Double plus funny.

    9. Re: Really? by Anonymous Coward · · Score: 0

      Surely, you realize it's a distinction without a difference. The US agencies have already proven they do what they want, damn the consequences (because there are none). They should have moved operations to Germany, who at least pretend to care about privacy, and the rule of law.

    10. Re:Really? by argStyopa · · Score: 1

      "Legal jurisdiction of the NSA"

      Ha ha, even funnier.

      -Angela Merkel

      --
      -Styopa
    11. Re:Really? by Anonymous Coward · · Score: 0

      To make it more precise, their overseas work is completely legal IN THE US. If they go about getting caught hacking into foreign systems then there's at least the chance of foreign relation issues developing. While some nations just bend over for the NSA, others could very well view it as an act of war (The way the US does, when a country does it to them.)

    12. Re:Really? by Anonymous Coward · · Score: 0

      While some nations just bend over for the NSA, others could very well view it as an act of war (The way the US does, when a country does it to them.)

      The US is getting hacked and spied on all the all. Which countries has it launched missiles at for "acts of war"?

      1. You apparently aren't understanding everthing you read.
      2. Don't be an asshat.

    13. Re:Really? by SumDog · · Score: 1

      GCHQ = United Kingdom
      GCSB = New Zealand
      NSA = United States
      G2 = Ireland
      ASD = Australia

    14. Re:Really? by Anonymous Coward · · Score: 0

      No, now they actually have to break in and steal the data.
      Before they could just hand over an NSL and have everything secretly handed to them on a silver platter.

  5. Data in Ireland by mpe · · Score: 1

    IIRC the more common reason for doing this is to be able to claim that European data protection laws apply.
    Which is probably just as much bogus a claim as this one.

    1. Re:Data in Ireland by dcollins117 · · Score: 0

      The beer is better over there too, and with lower taxes you can afford more of it. How many more reasons do you need? I'm ready to pack my bags any day now.

    2. Re: Data in Ireland by Anonymous Coward · · Score: 0

      Doesn't matter if taxes are lower if everything costs more. Have you ever spent time in ireland?

    3. Re:Data in Ireland by swb · · Score: 4, Insightful

      The beer may have been better over there 30 years ago, but there's no way that's true now. In most places in the US you can't swing a dead cat without hitting half a dozen craft brewers making outstanding beer. You literally can't sample what's available in liquor stores fast enough and a lot of it is really good.

      I don't know if this is a trend that has been embraced by Ireland or not, but I would imagine that in many Irish brands suffer from what many "traditional" European beer brands are no different than most American beer brands -- owned by conglomerates, brewed on industrial scales. Maybe it makes you feel more exclusive to drink Harp over Buweiser, but I'm pretty sure its moslty psychological.

    4. Re:Data in Ireland by wosmo · · Score: 1

      Your imagination isn't far off the mark. There's a few craft labels floating around, but precious few for a country that likes to think it's famous for its drink. It feels as sponsored as any 8pm TV program. Ireland - Brought to you by Guinness.

    5. Re:Data in Ireland by Anonymous Coward · · Score: 0

      You know? I'd rather talk about beer too. Who gives a shit about the NSA? They're gonna do what they're gonna do. And Mexico is getting some good beers now also, but believe or not, Corona isn't all that bad. But when Sams has Köstritzer in stock, look out! That stuff is better than food. Just ask Goethe.

  6. What the fuck is "Periscope"? by Anonymous Coward · · Score: 1

    I know I could google it, but I shouldn't have to. The summary should tell me what the fuck "Periscope" is.

    Since it didn't tell me, I have to make assumptions about what it is. I envision it as a submarine periscope erupting out of the water, except it isn't a traditional submarine periscope. It's actually shaped like a massive cock, bursting through the hymen of the ocean blue.

    1. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 2, Informative

      Umm, Ireland isn't in the UK you know ...

    2. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      Why the fuck do you think that intelligence services would be limited by national borders?

    3. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 3, Insightful

      That is an entirely orthoganal issue. Poster was conflating UK and RoI, GCHQ and G2. These are simple factual errors and unrelated to any speculation about activities that national security services engage in OUTSIDE their own sovereign states. Now go and put your tin foil hat back on.

    4. Re:What the fuck is "Periscope"? by monkeyzoo · · Score: 3

      Oh, oops. Well, thanks for the correction. :-)

    5. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      Hey, no worries - easy mistake to make. Northern Ireland (distinct from the Republic of Ireland where Dublin is) is part of the United Kingdom of Great Britain and Northern Ireland where GCHQ does indeed rule the roost.

    6. Re: What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      For "whiny little NSA lapdog" values of draconian.

      Lalala, slashdot lameness filter watches all your thoughts la de da.

    7. Re: What the fuck is "Periscope"? by Anonymous Coward · · Score: 1

      USA land of the "completely" controlled

    8. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      I wonder how many places, if any, are more targeted by British collection efforts than Ireland. We're talking about one of the few legitimate sources of trouble for the UK in the post-WW2 era, a place that had and has actual terrorists and a land border with the otherwise sea-girt UK (Northern Ireland). Maybe they have more spies in Brussels or Moscow, maybe not.

      Ireland may not be within GCHQ's jurisdiction, but they're certain within its sights.

    9. Re:What the fuck is "Periscope"? by Barsteward · · Score: 1

      it will only be a matter of time before USA puts some "behinds the scene" pressure on Ireland to force Microsoft, Twitter etc to cough up the data

      --
      "The hands that help are better far than lips that pray." - Robert Ingersoll (1833-1899)
    10. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      What is it like living under a rock? I suppose you're going to ask "What the fuck is Meerkat?" next.

    11. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      The NSA could collect every bit of electronic communication in the world but 99.9999999% of the data is nothing more than wasted storage space. However, show up on the NSA's radar and they will tap any data store they want, theirs and anyone else's, to investigate you. The only place your data maybe safe is in China, or maybe Russia but take away their nuclear arsenal and they are nothing more than a 3rd world country trying to hide that fact. Even data stored in countries known to never cooperate in any fashion with the US can be accessed if they really want you. After all they got someone inside one of Iran's most secure facilities to plant the Stuxnext virus. For the other .0000001 amount of collected data no one ever even looks at it.

    12. Re:What the fuck is "Periscope"? by Max_W · · Score: 2

      ...China, or maybe Russia ... are nothing more than a 3rd world country trying to hide that fact...

      China and Russia adopted the metric systems still in the early 20th century. Printing press, periodical system of elements, space flight, and many other significant humanity-scale scientific and engineering breakthroughs were made in those parts.

    13. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      I had never heard of it either, but I spent much less time googling it than you spent posting your question here. The app Periscope is the first search result returned by simply typing in "Periscope".

      One of the great things about /. is that people throw around all sorts of acronyms and mention various things, many of which I am unaware of and I try to use it as a learning experience.

      Sometimes they're very obscure things and other times they are things I probably should have known about already.

      Just remember, there was a time when none of us had even heard of Twitter let alone knew what it was.

    14. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      I'm surprised he didn't ask what Twitter is.

    15. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      I'm glad that you're interested in keeping up with all the latest social media apps. It saves the rest of us the work.

    16. Re:What the fuck is "Periscope"? by rtb61 · · Score: 1

      Cough, cough, not all of it, some of it still is. That would be the Republic of Ireland vs Ireland (something to do with weird dubious 'orange' people and not necessarily those who share that New Jersey hue).

      --
      Chaos - everything, everywhere, everywhen
    17. Re:What the fuck is "Periscope"? by davester666 · · Score: 1

      At least the UK is polite. They actually sent letters to terrorists saying they wouldn't prosecute them for past crimes.

      Can you imagine the FBI doing that for ex-mob bosses?

      --
      Sleep your way to a whiter smile...date a dentist!
    18. Re:What the fuck is "Periscope"? by davester666 · · Score: 1

      Course, none of those terrorists were muslim.

      --
      Sleep your way to a whiter smile...date a dentist!
    19. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      The Republic of Ireland IS Ireland and it's not a part of the UK.

      The province of Northern Ireland is what you're thinking of.

    20. Re:What the fuck is "Periscope"? by Anonymous Coward · · Score: 0

      the metric system is no indicator of modern economic status, nor are old scientific discoveries. One need only look to places where ancient civilizations once towered over their primitive neighbours, places such as Egypt, Greece and Italy, to see that past glory is not relevant in this case.

  7. Proxy or VPN by ClaraBow · · Score: 1

    Can we use a proxy or VPN to create an account outside of the US? Just curious, if one has to be physically outside the US to get a non-US account.

    1. Re: Proxy or VPN by Anonymous Coward · · Score: 2, Insightful

      If you are worried about privacy why are you using Twitter at all? The mind boggles.

    2. Re: Proxy or VPN by Cafe+Alpha · · Score: 1

      Good point.

      But the only important thing is, does the NSA have a copy of the dick pic he sent to the entire world? If so he's gonna move it to Ireland...

  8. This Probably Won't Work... by NicBenjamin · · Score: 5, Insightful

    The NSA doesn't have jurisdiction over twitter because some complicated rule of international legal procedure says it does, it has jurisdiction in the US because US Courts can order US Cops to arrest the Twitter employees who refuse to hand them information. Microsoft has tried this, and while I don't think they've officially lost yet, it's very difficult for me to see a reason for them to win. The Constitution is silent on the matter of what happens when Court Orders affect people in other countries, which means there's absolutely no reason for them to give a shit about jurisdiction. In fact in several cases the US has sent Agents into foreign countries secretly, arrested/spied upon/etc. private citizens against the laws of those countries, and when they've gotten back to the US the Courts have said "great, the bad guy's fucked, when can you arrange a chump public defender so we can schedule the execution?"

    OTOH, it's likely this is all PR because European customers live in places where the Constitution spends a half-goddamn page describing the precise geographic limits of it's jurisdiction. They don't understand that a) when our Constitution was written a good 90% of the land mass of the US was somebody else's, b) no we did not amend the damn thing with the Gadsden Purchase, and c) the whole damn thing's supposed to be on a single page.

    It's also an interesting defense of their Irish tax strategy. "Of course we pay the ridiculously low Irish tax rate. We'd pay the US Tax Rate, but the NSA Gestapo would demand access to our servers."

    1. Re:This Probably Won't Work... by Anonymous Coward · · Score: 0

      this:

      http://en.wikipedia.org/wiki/Posse_Comitatus_Act

      is what you need to know about this.

    2. Re:This Probably Won't Work... by NicBenjamin · · Score: 1

      So the FISA Courts will order the Twitter CEO to do shit, and he'll refuse, and get away with it on the basis of posse comitatus, which prevents the use of the military for law enforcement? The FISA Courts have never thought they're ordering law enforcement-related searches or seizures of data.

      So good luck with that buddy.

    3. Re:This Probably Won't Work... by AmiMoJo · · Score: 2

      Microsoft's mistake seems to have been allowing its US staff to access those servers at all. If Twitter can arrange it so that US staff simply cannot get access then it seems like they would be safe, because the law in the US can only require a person to hand over something they have. At least that's my understanding of it, perhaps someone can correct me but I think the onus would be on the government to show that the US staff have the information it wants.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:This Probably Won't Work... by NicBenjamin · · Score: 1

      In this case, yes the original onus is on the government. But it's trivial. They simply say "But you're the CEO, stop playing dumb, somebody in your office can get to those servers or you're not really the CEO" and they have satisfied their burden. Now it's twitter's turn. They have to prove that their system is designed so that nobody in the US can get at the database.

      Which in turn means that if their guys develop the database software in the US, and update it world-wide, they have a real fucking problem because the Court can (and will) simply order them to update the database to undo all their security measures.

      This is the fucking government. You don't hack your way around them and get egoboo from Congress. You hack your way around them and they fucking hound you to fucking suicide because that is their fucking job.

    5. Re:This Probably Won't Work... by StevenMaurer · · Score: 1

      Yes, they could potentially do this legally. Prosecutors quite often twist the law to try to make it cover things it does not. However, Twitter isn't some nearly unknown white-hat security hacker who just happens to know a few things, and can be quietly persecuted. Twitter is a service used by billions of people. And I promise you, "The U.S. government is trying to shut down Twitter because it refuses to turn over foreign data it isn't legally entitled to." is not a news story that will ever see the light of day - because that would move the uncaring populace (and hence, politicians) in ways that many other things would not.

      Mark Twain has a good line about this effect: "Never pick a fight with people who buy ink by the barrel".

    6. Re:This Probably Won't Work... by Anonymous Coward · · Score: 0

      So they use CIA, FBI, or 'Independent' Contractors (mercenaries) instead. Or use any of the uniformed civilian nonmilitary personnel who work with the military.

    7. Re:This Probably Won't Work... by Anonymous Coward · · Score: 0

      What if Twitter EU was its own company with its own CEO?

    8. Re:This Probably Won't Work... by NicBenjamin · · Score: 1

      That didn't stop them from fighting Microsoft, which until very recently bought metaphorical ink by the barrel as part-owner of MSNBC.

      This is the government. At some point some guy who happens to have a non-US Twitter account will do something bad and tweet it to his friends. The Feds will want his email address, his IP, and access to his deleted posts. They will have probable cause, so they will get a warrant. Europe will go ballistic. The US public will be evenly divided between a) people who do not give a shit and b) people who think Twitter should stop protecting criminals.

      Fighting the NSA would actually be worse because they'd have to do it in secret court, and it's never worked before.

    9. Re:This Probably Won't Work... by david_thornley · · Score: 2

      Except that this isn't the same sort of thing as the Microsoft affair.

      In the Microsoft affair, Microsoft USA had direct access to the data stored in Ireland. A US court can order a US company to deliver whatever data they can lay their hands on. If this was illegal in Ireland, it seems to me that Microsoft Ireland may have violated Irish law by allowing full access to another entity.

      There's absolutely no point in trying to restrict access to people's tweets, because (unlike email) they're generally published. The information a court would order gathered is something like who is behind that tweeter, IP address the tweet came from, that sort of thing, which Twitter USA doesn't need access to. If it's kept in Ireland by a separate company, and kept private there, Twitter USA wouldn't be able to access it without positive action from Twitter Ireland, which may well be illegal.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    10. Re:This Probably Won't Work... by NicBenjamin · · Score: 1

      And you're going to convince the Courts you don't have access how, precisely?

      Courts can order you to do inconvenient things to get information required for investigations. They can force you to let the police use your house for a stakeout. They can order you to divulge reams of information it's not trivial for you to get.

      As long as the database supports remote access of any kind, then it's going to be literally impossible to convince the Courts twitter can't simply update the software to allow remote access in the States. Which in turn means that if Twitter refuses to grant itself such access Twitter is in violation of a court order and gets fined.

    11. Re:This Probably Won't Work... by david_thornley · · Score: 1

      Except that it isn't Twitter refusing to grant itself such access. It's Twitter Ireland refusing to grant Twitter USA such access. The court can order Twitter USA to do whatever, but Twitter Ireland has to act, and they won't. It wouldn't be a comfortable position for Twitter USA, but if they can't get the information and have a perfectly good reason they can't get the information.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    12. Re:This Probably Won't Work... by NicBenjamin · · Score: 1

      You really don't understand how primitive the situation is regarding International Law in a country that hasn't addressed the topic in it's Constitution since 1789.

      Why do US Courts legally recognize the Republic of Ireland's right to govern anything?

      Because the President told them that those 26 counties are not-America, recognized Ireland as an independent Republic, and Congress has yet to pass a law declaring Dublin a territory.

      What happens when the US Government asks for a warrant to search Irish data, or seize a person in Ireland? The Government is the Executive Branch, which means that as far as the Courts are concerned the president has added a "but" to his recognition of Irish sovereignty, and they have every right to a) consider the case on it's merits, and b) penalize the shit out of anyone in the US who fails to help the Federal government in it's inquiries.

      Incidentally, since Ireland is not in the US the merits of the case are much more likely to allow aggressive data-gathering because Irish data has no Fourth Amendment protections.

  9. Pointless by Cantankerous+Cur · · Score: 1

    Provided the data is viewed by someone in the USA, the NSA already has it. John Oliver already went through this. https://www.youtube.com/watch?...

  10. GCHQ by Anonymous Coward · · Score: 0

    Yes, instead now it will just be handled by NSAs little brother, GCHQ.

    What's that, Ireland? ahahaha, let me laugh harder. You think they care?
    Where is the backbone located? Exactly.

    1. Re:GCHQ by Intrepid+imaginaut · · Score: 4, Informative

      GCHQ has no jurisdiction in Ireland. Different country, not part of the UK and all that.

    2. Re:GCHQ by pjt33 · · Score: 1

      You give the impression of not having read more than the first sentence of the post you replied to.

    3. Re:GCHQ by Anonymous Coward · · Score: 0

      But MI6 has, because it is not part of the UK and all that. ;) And also from the GCHQ website:

      GCHQ focuses on criminal threats from overseas, rather than domestic threats.

    4. Re:GCHQ by cold+fjord · · Score: 1

      GCHQ has no jurisdiction in Ireland. Different country, not part of the UK and all that.

      You aren't saying that GCHQ conducts no signals intelligence operations on servers or signals in Ireland, are you? I hear they've been known to operate in other countries. And fanacy that, the UK and Ireland share a land border.

      No secret intelligence protocols between the UK and Ireland?

      --
      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:GCHQ by Intrepid+imaginaut · · Score: 2

      By that rationale the CIA has jurisdiction in Beijing.

      Jusrisdiction does not mean what you think it means.

    6. Re:GCHQ by Anonymous Coward · · Score: 0

      Hence the ";)"

  11. Get out of Dodge by tomhath · · Score: 5, Insightful

    Nothing more than a tax dodge with good PR spin.

    1. Re:Get out of Dodge by Anonymous Coward · · Score: 5, Informative

      Yep, Ireland is a favourite country for shuffling money through to avoid paying tax, to the point where this sort of corporate structure even has its own wikipedia page.

    2. Re:Get out of Dodge by belthize · · Score: 1

      Yeah, I was going to post the same thing. Even ISIS only uses twitter to post nonsense. The NSA doesn't really give two shits.

    3. Re:Get out of Dodge by Anonymous Coward · · Score: 0

      Yep, Ireland is a favourite country for shuffling money through to avoid paying tax, to the point where this sort of corporate structure even has its own wikipedia page.

      Interesting probably trying to get under the jan 15 deadline, when Double Irish tax avoidance strategy's will be legally blocked

    4. Re:Get out of Dodge by Malc · · Score: 1

      Indeed. How is the internet in Ireland connected to the rest of the world? Through the UK? A country known for it's GCHQ agency, monitoring international all communications and working the NSA.

    5. Re:Get out of Dodge by sootman · · Score: 1

      OK, show of hands... before today, who here would have thought "double Irish arrangement" meant something kinky?

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    6. Re: Get out of Dodge by Anonymous Coward · · Score: 0

      No no, we have transatlantic to the us too. Eat it gchq!

      Oh wait...

  12. NSA = No Sales for Americans by Anonymous Coward · · Score: 2, Insightful

    A secret agency like the NSA does not need to be well-managed, because everything it does can be hidden.

    A good indication of the quality control of the NSA is that Snowden, an employee of a contractor, was able to steal a huge amount of data.

  13. Indeed... by bradley13 · · Score: 1

    The article says, without a hint of irony: "EU citizens will feel that their data is not protected under US law". Well, of course not. US law should have absolutely no meaning for anyone outside the US. Why would an EU citizen expect US law to have any relevance at all?

    What's missing from this picture is EU law. Ireland needs to stand up on its hind legs and enforce EU law. My understanding is that any data transfer to the US is forbidden, unless there is a confirming judgement from an EU court. Just like Kim Dotcom: The US wants all sorts of things, but it's the New Zealand courts that have jurisdiction.

    If Ireland wants to keep all of this data center business, it had better find the courage to enforce EU law...

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:Indeed... by pjt33 · · Score: 1

      US law should have absolutely no meaning for anyone outside the US. Why would an EU citizen expect US law to have any relevance at all?

      Have you read Twitter's Terms of Service? Even the soon-to-come-into-effect version says that

      You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by Twitter.

    2. Re:Indeed... by bigtomrodney · · Score: 1

      I feel like you haven't been reading many of these articles over the past 13-14 years here on /.

      The problem is conflicting jurisdictions. The PATRIOT act requires US businesses to hand over data stored when requested, even if it is outside of the US. Twitter are subject to those requests.The EU have strict laws regarding data protection but the fundamental issue is Twitter are breaking somebody's law whichever they choose to comply with.

      Let's paint the picture - a request for data on an EU citizen, posted from Europe through a European datacentre but on a service owned by an American company. The American government request data but European law prohibits it. What do the American company do? Whose law do they break?

      Storing the data under a non-American subsidiary puts at least some buffer in there. I'm not sure how effective this will really be but that is the intention.

      --
      I never get used to these constant resurrections
  14. The NSA Will Use Extralegal Means by Anonymous Coward · · Score: 0

    I guess we should applaud twitter for taking steps, but outside of the US (where the NSA is supposed to be active according to its mandate) the NSA will just use locally extralegal means to spy on twitter.

  15. Still GCHQ Tempora by Anonymous Coward · · Score: 0

    This is more show that effect, the main technical problems still remain:

    There's still a full-take of the cross-Atlantic fiber-optic done by GCHQ, the Tempora program that snarfs all UK and the bulk of US internet traffic. That still grabs all of Irelands traffic.

    TLS (HTTPS) will not fix it, the certificate authorities are in the US and can certify fake NSA certs, and we've learned they stripped Googles https encryption to MITM Googles website. That in 2011 (2010?) they were doing that to 15 million sessions a day which is likely 15 billion by now. They have backdoored encryption standards, and applied pressure to US hardware makers, and possibly even Truecrypt (due to TC's canary tweeting).

    http://www.theguardian.com/world/2013/sep/05/nsa-gchq-encryption-codes-security

    Tempora is accessed by NSA staff in the UK to get around US laws and by GCHQ because they think they are above the law if they have a Section 6 request from the Secretary of State (yep literally they think they can kill cute babies if they can make a specious argument that its needed for their surveillance courtesy of the immunity from criminal prosecution the order gives them. They think they are real James Bonds license to do anything at all).

    And you may also remember that their conspirator companies, Vodafone being named as one, also have subsidiaries in Ireland, and these companies have yet to face prosecution abroad for their part in this.
    ( http://www.theguardian.com/world/2014/jun/06/analysis-vodafone-feels-edward-snowden-effects )

    There may also be hacked networks of Ireland itself, as they did with Belgium, helping the US spy on the EU, which is erm, a law making body whose law control the UK. In effect GCHQ spied on the political machine above them, for a foreign power. i.e. fucking backstabbing Stasi traitors helping the US making anti-EU trade agreements that then screw over the UK. /rant

    Really this measure needs to be matched with SUBSTANTIAL switch to open source (i.e. verifiable) hardware from non-Stasi countries and layers of encryption from multiple sources.

  16. Silly children by Anonymous Coward · · Score: 0

    Silly children you are so simple minded.

  17. Won't help South America by BadgerRush · · Score: 1

    That is a huge step in the right direction from Twitter, but unfortunately it won't help much people from Central and South America, since all traffic out of the Americas is routed trough the USA anyway (and consequently trough the NSA).

    For those unaware, this is not hyperbole on my part, the whole Central and South American sub-continents are served by not much more than a handful of Atlantic underwater cables and Pacific underwater cables, all of them terminating in Miami,USA (if the exception of one or two of the pacific ones terminating in California, USA). The connectivity in South America is so dependent on the USA that many times a packet from Chile to Argentina (neighbor countries in the far south of the continent) have to travel thousands of kilometers north to be routed trough the USA and come back south.

    This connectivity dependence on the USA was reveled to be more of a problem after the the Snowden leaks. The leaks showed that the facilities in Miami responsible for routing the cables from South America, also house secret NSA rooms capable of intercepting any and all communication from those cables. Also, the leaks showed that the NSA had already intercepted many communications, among those emails and calls from top Brazilian government officials including the president Dilma Rousseff. And the intercepts where not limited to political motives, the NSA also intercepted emails and calls from South American companies in order to help USA competitors in large bids, for example helping Boeing in two different occasions, one in a dispute against the Brazilian Embraer, and another in Boeing's bid to sell the F18 to the Brazilian Air Force (this last one was a shoot in the foot, since the revelations in the leaks de facto removed the F18 from consideration and solidified the Brazilian choice of the Swedish Saab Gripen as Brazil's next fighter plane).

    Fortunately there is hope for the near future here in South America as the Snowden leaks lead to a new push, spearheaded by Brazilian government, to install more inland fibers interconnecting neighbor countries, and to install new South Atlantic fiber cables connecting South America directly to Africa and Europe.

    1. Re:Won't help South America by Anonymous Coward · · Score: 0

      And where does Ireland's connections route to? Why UK, France, Canada, and America.
      Five Eyes should come to mind for you.

  18. Technically, probably not a good move to dodge NSA by ashpool7 · · Score: 5, Insightful

    If we pretend that laws mean something...

    then they would be *safer* here in the USA where the NSA is not allowed to spy on them, because it's
    A: in the USA (FBI territory, right?)
    B: whoever it is would need a warrant.

    Now, the NSA can do whatever they want, because they're completely
    A: outside of the USA
    B: totally foreign SIGINT

  19. Bullshit. GCHQ does "full take" surveillance. by Anonymous Coward · · Score: 0

    That just means Twitter is preparing for when US domestic surveillance is curtailed. If they wanted to help their users evade surveillance and thought they could do that by moving their accounts to Ireland, they would simply move all users, not just foreigners. In reality, this split just means "here, these are the ones you need to tip toe around, and these are the ones you can pilfer as you please."

  20. Away from US, close to Germany and the UK by ikhider · · Score: 1

    The servers do not have to be in the US and they are close to enough to (some of) the five eyes to intercept communications anyway.Plus, the UK already do a 'full take' on all data, not just metadata. Whatever they say about 'not spying on the Irish' is not so. There has been enmity long enough in (and with) Ireland to make it a place of interest. The move is more symbolic than anything else. A better location would be Iceland. Again, it would be purely symbolic, but it does send a stronger statement. When I think Ireland, I think 'tax shelter'.

    --
    "SO we bide our time, waiting for a purer kick to bloom and the future is still bleak, uncertain and beautiful" -GSYBE
  21. Seeing that they can use secret courts... by EmperorOfCanada · · Score: 1

    Seeing that they can use secret courts I would suspect that they will order Twitter employees to just hand the data or access over anyway. Then when they balk it can be handled in a secret court where nobody knows the results. Even better I could see a situation where they identify an employee or two and order them to hand the data over and not even allow them to tell twitter about the court order (if they can't tell some people then why can't these orders be restricted to their boss as well?)

    Lastly they could just get an overqualified NSA employee to get a job there and just inject the needed back doors. Don't think of this as a lone hacker attack but a single guy who has a massive support team thus someone who could do off the scale things like swap out someone's desktop/laptop (spaghetti stains and all) with a compromised machine. Let the "cleaners" in so that they can wire their own fibreoptic cables right into the server room, swap out pretty much anything cisco with compromised machines with matching serial numbers, etc.

    Also by moving the servers offshore it actually frees up the NSA to attack with even fewer legal restrictions. So full on sabotage may even be a perfectly valid procedure.

    So short of eliminating all American employees and doing exhaustive background checks the only way to stop this stuff from being done to them is to convince legislators to curtail what the NSA can actually do.

    1. Re:Seeing that they can use secret courts... by Agripa · · Score: 1

      Then when they balk it can be handled in a secret court where nobody knows the results. Even better I could see a situation where they identify an employee or two and order them to hand the data over and not even allow them to tell twitter about the court order (if they can't tell some people then why can't these orders be restricted to their boss as well?)

      How does this work when the boss discovers what the employee did, fires them, and refers them to law enforcement for prosecution? This seems like a great way for the NSA or other agency to persecute people with secret orders; do what we want or face our wrath and if you do what we want, face your employer's wrath and the criminal justice system.

    2. Re:Seeing that they can use secret courts... by Anonymous Coward · · Score: 0

      Exactly. It would be a horrible place for some shmuck working at Twitter. But if they make their approach correctly it would be, "An offer they couldn't refuse." But if it did go to normal 'law enforcement" they could promise to keep them away even if they had no actual intent to do so. Although a single call from the NSA would probably end any prosecution instantly.

    3. Re:Seeing that they can use secret courts... by david_thornley · · Score: 1

      There are two legal entities here, which I'll call Twitter USA and Twitter Ireland.

      US courts can order Twitter USA to provide what data they like, but Twitter USA can only provide data they can get their hands on. US courts can't order Twitter Ireland to do anything. (Irish courts can order Twitter Ireland around, and there is well-established procedure to subpoena information internationally. It just doesn't work without the agreement of an Irish court.)

      So, I don't understand where this employee would work. If it's in the US, then the US court can order him or her, but he or she doesn't actually have the data. If it's in Ireland, then the US court has no authority, and Ireland has laws to protect said employee from pressure to do something illegal. (I don't know if they work any better than our such laws.)

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    4. Re:Seeing that they can use secret courts... by EmperorOfCanada · · Score: 1

      If the Twitter US employees have zero access to the twitter Ireland data that would just be odd. A great setup but odd. Also there will certainly be US employee in Ireland; employees that plan on returning to the US someday.

      Some NSA good slides up to you in your favourite Dublin pub and hands you this warrant with all kinds of legal threats on it. What do you do? Threats like 20 years in solitary confinement. Yes they are way on the wrong side of morality but the reality is that the US court system more often than not is bowing down to this sort of authoritarian behaviour. So even if you win in the end the costs will be extraordinary.

  22. Dublin by Anonymous Coward · · Score: 0

    Isn't data in data centers in Dublin subjected to Irish laws though? I would imagine that An Garda Síochána can retrieve data with a search warrent.

  23. The real reason by stox · · Score: 1

    EU privacy laws. The US Government is at risk of losing safe harbour from the EU. If these companies did not locate somewhere in the EU, they would be at risk of being cut off from there customers. This is probably the greatest thing ever to happen to tech employment in Dublin.

    --
    "To those who are overly cautious, everything is impossible. "
  24. Ireland's gov still spies on everything. by Anonymous Coward · · Score: 0

    It is IRRATIONAL to think that they do not. They need to know what is going on around them, and data lines are the best source of this. Shy of putting up your own network (think musk's new network), everywhere you go, will involve spying.

  25. 'bout time! by Opportunist · · Score: 1

    The NSA should pay for the information just like everyone else who wants it! A national security letter must not be the crowbar to getting for free what others have to shell out quite a bit of money for. Security and all that, ok, but there's money to be made and a business model to protect!

    Huh? Oh, I mean, we protect our customer's privacy! That's the reason!

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  26. best posting here by Anonymous Coward · · Score: 1

    Seriously, so many are real fools and do not understand the situation. The NSA is free to operate at will outside of America. Within America, they have restraints. In addition, once outside of America, China and Russia will have it easier to access networks as well. Yes, America's networks ARE far more secured than in most other nations.

  27. 2016.... In other news by mysidia · · Score: 0

    Ireland either (1) Agrees to a new treaty extending US National Security Letter, wiretap, and subpoena privileges to cover resources hosted in Ireland, OR (2) Ireland gets added by the US to the state sponsors of terrorism list

  28. Taxable Move? by Anonymous Coward · · Score: 0

    Does the tranfer of assets (Twitters assets are its users) overseas incur taxes?

  29. Yeah, it's all about privacy by Anonymous Coward · · Score: 0

    It has absolutely nothing to do with Ireland's tax laws that allows corporations to dodge millions in tax dollars.

  30. Tax? by Anonymous Coward · · Score: 0

    Wouldn't surprise me if this is for taxation reasons as well as avoiding the spooks.

  31. the better to justify.... by Anonymous Coward · · Score: 0

    the schemes to avoid paying u.s. taxes.

  32. This helps the NSA. by carton · · Score: 2

    The NSA isn't supposed to spy on Americans, but if the logs are in Ireland, and are in Ireland _because_ they relate to non-US users, then the NSA is definitely allowed to get them. They can also collect data in transit more freely if both ends are outside the US, or if one end is in Ireland. This looks like a move to give NSA more freedom to spy on European Twitter users by segregating the Americans. Also, if politics in the US goes well, NSA will have less freedom to spy on Americans. This move is bet-hedging: if US politics turn anti-authoritarian, NSA won't lose as much access to Europeans because they'll be better segregated.

    To judge this move correctly, you need to list all the forms of government surveillance: what organization is requesting data, why does that organization request it, is it possible to refuse the request. This is all secret, though. It's not even possible to disclose the request. The transparency reports Twitter and Google release aren't detailed enough because the government won't allow them to be, and has structured what they're allowed to release to limit debate on the methods and intentions of the government. The more interesting information requests, like the one Calyx received, have more of the now-standard threat-backed secrecy requirements around them than less interesting requests, so the outliers that should be driving debate are carefully hidden. There's no way for the public to judge the usefulness of what Twitter did. Twitter themselves has a better idea, but still not a very good idea.

    I think the Europeans are less rational about this than the Americans.

    - they think there's no first-world population-control surveillance in Europe just because their spy agencies haven't had a leaker yet. NSA leaks should tell them how stupid an assumption this is, and they should be embarrassed it took the idealism of an American to expose their own authoritarianism indirectly. Instead, they are like, "oh Americans are so authoritarian. Thank God I'm European." pretty smug, guys.

    - they don't make a connection between surveillance and power. For example, NSA spies on Europeans, finds the leaders of a globalization protest movement, shares the information with GCHQ, and the leaders are detained at immigration in London until the protest is over. This is a low-hanging-fruit anti-democratic way that surveillance has been used in the past, and is a task at which bulk surveillance is good because it can reveal the structure of networks (ex. the Paul Revere metadata attack http://kieranhealy.org/blog/archives/2013/06/09/using-metadata-to-find-paul-revere/ ). But it's the connection between the surveillance and the detention that matters. Instead they're worried abstractly whether they're "watched" or not. Why would an American be worried if the Stasi had a file on them? It's a problem, though, if Stasi shares their files with FBI, which in this case, they do.

    - their fears aren't proportionate. For example, some European sysadmins I spoke to fear the FISA court will approve a warrant to collect industrial espionage data through PRISM. Is this possible? Yes: the court is a rubber stamp, and if it weren't a rubber stamp it's also within spy agency skill to ask questions and disguise their goal, ex. "we think this top engineer at Xerox is into child porn so please give us complete copy of his work email." Is the fear proportionate, though? No: US is generally less corrupt than Europe when doing international business, the French in particular are notorious for industrial espionage, and there is a poor match between PRISM and industrial espionage so that US would probably use a different program and method, like exploiting employees' phones and laptops, or bribing emloyees in traditional GRU-style. For the former attack, the European response (self-host everything rather than using Google/MS/etc.) makes them more vulnerable to industrial espionage, not less. However constructing this fear provides a pretense for retaliatory

    1. Re:This helps the NSA. by Cederic · · Score: 1

      I think the Europeans are less rational about this than the Americans.

      Your arguments are all "oh, Europe misbehaves too" as though that somehow means we shouldn't at least stop the fucking US "all your data are belong to us" bullshit.

      We're working hard for privacy and security in Europe too, why should the US get a free ride.

    2. Re:This helps the NSA. by NoOneInParticular · · Score: 1

      Small correction. If the NSA is getting this info from Irish servers, they are absolutely allowed to get it according to American law. It is of course absolutely illegal according to Irish law. Next up: drone strikes in Ireland, there is no law that forbids that either.

  33. Partially wrong. The implications are tax-related. by Anonymous Coward · · Score: 0

    Ireland is a tax haven; that by avoiding US law they are also avoiding US surveillance of everyone is the cherry on top of it, and the meat for the marketing of this move.

  34. Lower tax != Higher privacy by Demonoid-Penguin · · Score: 1

    Call me a cynic - but if Twitter chose Ireland for "privacy" purposes then it's a huge coincidence it just happens to be cheaper - as well

    Switzerland is not as private as Ireland, because, um, CERN is just another name for GCHQ, unless.... oh crap, GCHQ is an NSA partner (cough* we keep the data, NSA keeps the index/metadata*cough).

    Never mind, I'm obviously delusional - GCHQ doesn't have access to Ireland, what was I thinking? As you were, carry on, nothing to see here...

  35. G2HQ by tepples · · Score: 1

    Do GCHQ and G2 coordinate operations?

  36. Re:Technically, probably not a good move to dodge by Agripa · · Score: 1

    then they would be *safer* here in the USA where the NSA is not allowed to spy on them, because it's
    A: in the USA (FBI territory, right?)
    B: whoever it is would need a warrant.

    They just need an administrative subpena (we think this is relevant to something) since it is third party data. No notification of the target is necessary.

  37. Re:Technically, probably not a good move to dodge by Anonymous Coward · · Score: 0

    Outside the US:
    - illegal and illegitimate
    - clandestine
    - partial control, many uncontrolled factors (politics, corporate movements and so on)

    In the US:
    - legal(ized).
    - illegitimate... for some.
    - complete control

    Which one would you prefer?
    But, nice try, NSA.

  38. NSA limits its searches inside the US by Etherwalk · · Score: 1

    Surely, you realize it's a distinction without a difference. The US agencies have already proven they do what they want, damn the consequences (because there are none). They should have moved operations to Germany, who at least pretend to care about privacy, and the rule of law.

    Actually, this move from another company at least would help Americans a bit. The NSA actually does limit what it does with American stuff--it sucks up EVERY bit of data outside US borders, or tries to, but in the US it just sucks up MOST bits of data.

    1. Re:NSA limits its searches inside the US by Gr8Apes · · Score: 1

      but in the US it just sucks up MOST bits of data.

      That's an irrelevant distinction.

      --
      The cesspool just got a check and balance.
  39. Sure ... by Anonymous Coward · · Score: 0

    Move those accounts to where the NSA is not required to follow US law. /s

  40. New Switzerland by Loconut1389 · · Score: 1

    I guess Ireland is the new Switzerland of the digital era.

  41. Re:Technically, probably not a good move to dodge by penguinoid · · Score: 1

    then they would be *safer* here in the USA where the NSA is not allowed to spy on them,

    Trouble is, the US Constitution is more like a guideline than a law, since there is no punishment for violating it. On the other hand, in non-US countries it would be possible to arrest the NSA agents for espionage, at least in theory, or at least publicly humiliate their agency by holding their agent until they say "pretty please".

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  42. actually by Anonymous Coward · · Score: 0

    As all messages are hosted on foreign soil any agency can collect and store everything indefinately legally.

  43. Re:Technically, probably not a good move to dodge by ashpool7 · · Score: 1

    Use this against third party doctrine?

    http://en.wikipedia.org/wiki/S...

  44. Espionage? by Anonymous Coward · · Score: 0

    US-Ireland espionage deal, I can guess. Allowing all kinds of shady things with the excuse of it being on foreign soil (Ireland), exploiting US law for that reason or whatever.

  45. Re:Technically, probably not a good move to dodge by vux984 · · Score: 1

    Now, the NSA can do whatever they want, because they're completely
    A: outside of the USA
    B: totally foreign SIGINT

    This is correct but also wrong.

    For example, one thing the NSA can't do now is simply get a court to order the company to bend over, hand over the data, and then stick a gag order on it so the company isn't allowed to even resist.

    By moving it outside the company, yes the NSA is now free to target them without restraint, but they are also free to talk about any attacks, and they are free to actively resist the NSA.

    Also:

    then they would be *safer* here in the USA where the NSA is not allowed to spy on them, because it's
    A: in the USA (FBI territory, right?)

    Not really.

    B: whoever it is would need a warrant.

    Which they can get, from a secret court, that rubber stamps warrants. And they can also broadly interpret various legislation (patriot act, etc) to grant them all sorts of priviledges to collect data without a warrant...

    And again, if they have a warrant, with a silence gag on it, you cannot resist. In any other country, the NSA can attack you all they like - but you can defend yourself. They don't get to just order you around.

  46. Re:Technically, probably not a good move to dodge by ashpool7 · · Score: 1

    True, but, meh? Nobody outside the USA knew what the attacks are, or if they were actually attacked. Nobody's posted any pictures of implants they've found either.

    Also:
    You left out quoting the top part where I was basically saying in absence of a kangaroo court... then this.

  47. what difference does it make by Anonymous Coward · · Score: 0

    They're not really welcome in Ireland as they don't employ many Irish people. If they move operations here, they usually move their people here too.

    It just makes things worse actually. We in Ireland know our Irish-Asian and recognise them by accent. When these new Asian-Americans arrive to Ireland, we see them correctly as the usurpers that they are.

  48. Re:Technically, probably not a good move to dodge by sydbarrett74 · · Score: 1

    You are correct--in theory.

    In practice, the NSA collectively view everyone outside of the Agency as foreigners and enemies. Therefore, due process of law even within the USA's borders means fuck-all to them. So in actually, Americans within the US have no more real protections than non-citizens, especially when you have pliant judges and magistrates who will sign on the dotted line cuz National Security.

    In some rarefied Platonic universe, we all have natural, inalienable rights endowed us, but unless they are recognised, enforced, and vigilantly defended, they aren't worth the paper upon which they're enumerated.

    --
    'He who has to break a thing to find out what it is, has left the path of wisdom.' -- Gandalf to Saruman
  49. Re:Technically, probably not a good move to dodge by everythingistaken · · Score: 1

    And if you're not an American:
    1. The servers are in the US: NSA does what it wants (because you, the client, are not American) and can subpoena the information, or can get the FBI to just subpoena it. Further, access to the information is guaranteed to cross a US border.
    2. The servers are not in US: NSA must hack them to get the info. Access to the information does not necessarily cross a US border.