[governance] Fwd: PRISM - is it about the territorial location of data or its legal ownership

Diego Rafael Canabarro diegocanabarro at gmail.com
Mon Jun 24 19:17:48 EDT 2013


Do you folks know any study which shows the ration of "requests
*versus *unchallenged
compliance" and of "requests *versus *successful challenges"?


On Mon, Jun 24, 2013 at 6:51 PM, Suresh Ramasubramanian
<suresh at hserus.net>wrote:

> Had to be said, thanks declan
> And parminder, they don't owe you an answer, sorry
>
> --srs (htc one x)
>
>
>
>
> On 25 June 2013 3:12:56 AM Declan McCullagh <declan at well.com> wrote:
>
>> On Monday, June 24, 2013 at 2:13 PM, Ian Peter wrote:
>> > I think one point here is whether any of the companies actually
>> challenged in court any of the rulings or requests for data, and to my
>> knowledge they did not. This suggests that either they were too scared of
>> the government to challenge the rulings, or they were in political
>> agreement with them.
>>
>>
>> The fact that you're unaware of the companies challenging these requests
>> in court should not lead you to -- falsely -- assume they have not.
>>
>> I disclosed* last month, pre-NSA spying flap, that Google is litigating
>> two cases against the U.S. government, one in NYC and one in SF, over
>> national security requests. Google has additionally since squared off
>> against the DOJ before the Foreign Intelligence Surveillance Court. Yahoo
>> also mounted** a legal challenge before the FISC. Google, Yahoo, Facebook
>> (from memory) have insisted the police get warrants for archived email,
>> even though the law does not require police to do so. When DOJ sent Google
>> a subpoena for search logs, Google fought it in court. These companies are
>> lobbying Congress to enact a law to increase privacy standards, including
>> mobile privacy.
>>
>> Twitter successfully fought for the ability to notify the Wikileaks crew
>> of an order it received, who then fought it in court with the help of EFF
>> and ACLU. Facebook fought the state of Virginia. Amazon.com fought the DOJ
>> in court in Wisconsin and fought the North Carolina tax collectors in court
>> in Seattle.
>>
>> This is the opposite of the approach taken by telecommunications
>> providers including AT&T and Verizon.***
>>
>> None of this information is difficult to find. Would you like it if
>> someone said: "To my knowledge you haven't denied being a supporter of the
>> Ku Klux Klan. This suggests you are in political agreement with them?" :)
>>
>> -Declan
>>
>> ---
>>
>> * http://news.cnet.com/8301-**13578_3-57587005-38/justice-**
>> department-tries-to-force-**google-to-hand-over-user-data/<http://news.cnet.com/8301-13578_3-57587005-38/justice-department-tries-to-force-google-to-hand-over-user-data/>
>> ** http://www.nytimes.com/2013/**06/14/technology/secret-court-**
>> ruling-put-tech-companies-in-**data-bind.html?partner=rss&**
>> emc=rss&smid=tw-nytimes&_r=0<http://www.nytimes.com/2013/06/14/technology/secret-court-ruling-put-tech-companies-in-data-bind.html?partner=rss&emc=rss&smid=tw-nytimes&_r=0>
>> *** http://news.cnet.com/8301-**13578_3-57589012-38/nsa-**
>> surveillance-retrospective-at-**t-verizon-never-denied-it/<http://news.cnet.com/8301-13578_3-57589012-38/nsa-surveillance-retrospective-at-t-verizon-never-denied-it/>
>>
>>
>>
>>
>
>
>
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Diego R. Canabarro
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--
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