US government lays claim to foreign-held data - Polidicks

[url]http://www.bit-tech.net/news/bits/2014/07/15/us-gov-foreign-data/1[/url] The US government has declared that it has rights to request the disclosure of data held on foreign servers, arguing against an appeal that claimed Fourth Amendment protections on physical searches should extend to data held in the electronic realm. Following a court case in which Microsoft was demanded to turn over email data stored on a system in its Dublin data centre to US authorities, the company issued an appeal that argued the Fourth Amendment to the US constitution - which protects against physical searches outside the US - should protect data held on foreign soil from release. While the hearing for that appeal has yet to take place, the US government has already outlined its argument - and it's not good news for privacy enthusiasts.

The United States was trying to conduct an investigation and requested Microsoft for their data, and are waiting for the court trial to go through to find out if it's okay to do so? How evil! [editline]16th July 2014[/editline] If the United States were truly "aiming for world domination," they wouldn't care about the constitution at all.

[QUOTE=onebit;45410799]They don't.[/QUOTE] Then why are they waiting for this court case to go through? Wouldn't they just go ahead and do it? [editline]16th July 2014[/editline] [quote]According to an analysis of the court filings by Ars Technica, the US government's response to Microsoft's appeal is to claim that the Stored Communications Act overrules the Fourth Amendment, stating that 'overseas records must be disclosed domestically when a valid subpoena, order or warrant compels their production,' arguing that a request for disclosure does not constitute a physical search.[/quote] And, legally, they have a pretty good argument.

[QUOTE=onebit;45410630]"Our laws are your laws now!" [editline]16th July 2014[/editline] [b]I'm pretty sure the US are aiming for world domination. [/b] Let's try not dumb down the entire human population with your American Football and Supercorporations.[/QUOTE] Haha what

This isn't a new thing the US government doing, and the US government isn't the only one doing it. It's only important now because they're overseas.

A rough sum up of it, if you operate in America, but hold your servers overseas, those servers are considered to be on American Soil and their Fourth Amendment can transverse countries.

[QUOTE=Boilrig;45411504]To sum it up, if you operate in America, but hold your servers overseas, those servers are considered to be on American Soil.[/QUOTE] Too bad it doesn't work that way with money! Maybe we wouldn't have all these tax havens over seas and be actually able to get the tax money the USA SHOULD be getting!

[QUOTE=Boilrig;45411504]To sum it up, if you operate in America, but hold your servers overseas, those servers are considered to be on American Soil.[/QUOTE] That's how every country works. If you operate in a country, you are bound by that country's laws. If the country says you can't do something and you still do the thing, you can face criminal charges in that country. If you operate an online marijuana business out of Denmark, you can still face criminal charges if you sell to people in the US.

[QUOTE=supersnail11;45411529]That's how every country works. If you operate in a country, you are bound by that country's laws. If the country says you can't do something and you still do the thing, you can face criminal charges in that country. If you operate an online marijuana business out of Denmark, you can still face criminal charges if you sell to people in the US.[/QUOTE] It becomes overall harder if the company is based in another country, thus requesting a foreign company that has foreign assets to abide by rules which wouldn't be accepted in the foreign country. When it comes to that, stuff becomes a lot harder, in the end it will come down to the foreign country deciding whether to force the company to hand over data. The thing is, it isn't criminal charges, its simply data requests, but its the fact that America can attempt to enforce their constitutions in other countries.

[QUOTE=onebit;45410630]"Our laws are your laws now!" [editline]16th July 2014[/editline] I'm pretty sure the US are aiming for world domination. Let's try not dumb down the entire human population with your American Football and Supercorporations.[/QUOTE] if we wanted to take over the world, we wouldn't do it by downloading the entire internet

[QUOTE=Boilrig;45411580]It becomes overall harder if the company is based in another country, thus requesting a foreign company that has foreign assets to abide by rules which wouldn't be accepted in the foreign country. When it comes to that, stuff becomes a lot harder, in the end it will come down to the foreign country deciding whether to force the company to hand over data. The thing is, it isn't criminal charges, its simply data requests, but its the fact that America can attempt to enforce their constitutions in other countries.[/QUOTE] Microsoft's the one trying to enforce the constitution. The FBI asked them for data and Microsoft appealed based on the US constitution.

[QUOTE=Sableye;45411643]if we wanted to take over the world, we wouldn't do it by downloading the entire internet[/QUOTE] no we'd do it by subverting and taking over all the worlds governments and gaining control of all resources, society, media, industry, and etc... and its happening to a certain extent full spectrum dominance is the us governments official military doctrine and the intended battlespace is the world.

[QUOTE=Leon;45412111]no we'd do it by subverting and taking over all the worlds governments and gaining control of all resources, society, media, industry, and etc... and its happening to a certain extent full spectrum dominance is the us governments official military doctrine and the intended battlespace is the world.[/QUOTE] We've already won via cultural victory, so I don't know what everyone's worried about.

[QUOTE=supersnail11;45412170]We've already won via cultural victory, so I don't know what everyone's worried about.[/QUOTE] the plot to fatten the world is proceeding successfully [img]http://www.chicagobusiness.com/Assets/legacy/images/random2/ronald-mcdonald-96.jpg[/img]

[QUOTE=supersnail11;45410688] [editline]16th July 2014[/editline] If the United States were truly "aiming for world domination," they wouldn't care about the constitution at all.[/QUOTE] Not true. There is nothing in there against aiming for world domination. They could dominate the world and still have the constitution, if only to placate the American populace.

Remember when the government said your data isn't private because it's on corporate-owned servers, and everyone here said that was wrong because it's [I]your[/I] data? Now the government is using the same argument as the privacy advocates, saying that whose data it is matters more than where it is physically stored. Hypocrisy aside, the argument is now backfiring on the people who stated it in the first place and suddenly it's a bad thing. Go figure.

[QUOTE=catbarf;45421365]Remember when the government said your data isn't private because it's on corporate-owned servers, and everyone here said that was wrong because it's [I]your[/I] data? Now the government is using the same argument as the privacy advocates, saying that whose data it is matters more than where it is physically stored. Hypocrisy aside, the argument is now backfiring on the people who stated it in the first place and suddenly it's a bad thing. Go figure.[/QUOTE] Excuse me, the government is faceless entity that always makes bad decisions and is actively trying to destroy everything I hold dear.