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

[Ian Peter]

happy to stand corrected. Thanks for the additional information.



-----Original Message----- 
From: Declan McCullagh
Sent: Tuesday, June 25, 2013 7:42 AM
To: governance at lists.igcaucus.org ; Ian Peter
Cc: parminder
Subject: Re: [governance] Fwd: PRISM - is it about the territorial location 
of data or its legal ownership

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://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/


-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t