[governance] Re: [Members] FW: [IP] Obama administration says the world's servers are ours

Wed Jul 16 01:09:00 EDT 2014

Right now this is simply an order by a magistrate and has been appealed in 
federal court.

Declamatory speech making can wait pending the result of this appeal

On 16 July 2014 10:29:55 am parminder <parminder at itforchange.net> wrote:

> The problem is, this isnt even hypocrisy, and an entirely new much
> stronger word has to be invented for it...
>
> See for instance
>
> "The Justice Department said global jurisdiction is necessary in an age
> when "electronic communications are used extensively by criminals of all
> types in the United States and abroad, from fraudsters to hackers to
> drug dealers, in furtherance of violations of US law.""
>
> Yes, global jurisdiction is needed, and that global jurisdiction should
> be US jurisdiction. Sure.
>
> Meanwhile, similar demands by other countries to have  jurisdiction on
> matters of their national concern is supposed to be a call to control
> the Internet.
>
> And at times when saying such think looks just too bad or illogical in
> polite company, say, ok multistakeholder jurisdiction is fine, knowing
> very well that it means nothing, which is the whole point..
>
> parminder
>
>
>
> On Wednesday 16 July 2014 12:06 AM, michael gurstein wrote:
> >
> > *From: *Dewayne Hendricks <dewayne at warpspeed.com
> > <mailto:dewayne at warpspeed.com>>
> >
> > *Subject: [Dewayne-Net] Obama administration says the world's servers
> > are ours*
> >
> > *Date: *July 14, 2014 at 3:47:28 PM EDT
> >
> > *To: *Multiple recipients of Dewayne-Net <dewayne-net at warpspeed.com
> > <mailto:dewayne-net at warpspeed.com>>
> >
> > *Reply-To: *dewayne-net at warpspeed.com <mailto:dewayne-net at warpspeed.com>
> >
> > Obama administration says the world's servers are ours
> > US says global reach needed to gut "fraudsters," "hackers," and "drug
> > dealers."
> > By David Kravets
> >
> > Jul 14 2014
> >
> > 
> <http://arstechnica.com/tech-policy/2014/07/obama-administration-says-the-worlds-servers-are-ours/>
> >
> > Global governments, the tech sector, and scholars are closely
> > following a legal flap in which the US Justice Department claims that
> > Microsoft must hand over e-mail stored in Dublin, Ireland.
> >
> > In essence, President Barack Obama's administration claims that any
> > company with operations in the United States must comply with valid
> > warrants for data, even if the content is stored overseas. It's a
> > position Microsoft and companies like Apple say is wrong, arguing that
> > the enforcement of US law stops at the border.
> >
> > A magistrate judge has already sided with the government's position,
> > ruling in April that "the basic principle that an entity lawfully
> > obligated to produce information must do so regardless of the location
> > of that information." Microsoft appealed to a federal judge, and the
> > case is set to be heard on July 31.
> >
> > In its briefs filed last week, the US government said that content
> > stored online doesn't enjoy the same type of Fourth Amendment
> > protections as data stored in the physical world. The government cited
> > 
> <safari-reader://cdn.arstechnica.net/wp-content/uploads/2014/07/federalbrief-microsoftcase.pdf> 
> (PDF)
> > the Stored Communications Act (SCA), a President Ronald Reagan-era
> > regulation:
> >
> >     Overseas records must be disclosed domestically when a valid
> >     subpoena, order, or warrant compels their production. The
> >     disclosure of records under such circumstances has never been
> >     considered tantamount to a physical search under Fourth Amendment
> >     principles, and Microsoft is mistaken to argue that the SCA
> >     provides for an overseas search here. As there is no overseas
> >     search or seizure, Microsoft's reliance on principles of
> >     extra-territoriality and comity falls wide of the mark.
> >
> > Microsoft said the decision has wide-ranging, global implications.
> > "Congress has not authorized the issuance of warrants that reach
> > outside US territory," Microsoft's attorneys wrote
> > 
> <http://arstechnica.com/tech-policy/2014/06/microsoft-challenges-us-govt-warrant-to-access-overseas-customer-data/>.
> > "The government cannot seek and a court cannot issue a warrant
> > allowing federal agents to break down the doors of Microsoft's Dublin
> > facility."
> >
> > The Redmond, Washington-based company said its consumer trust is low
> > in the wake of the Edward Snowden revelations. It told the US judge
> > presiding over the case that "[t]he government's position in this case
> > further erodes that trust and will ultimately erode the leadership of
> > US technologies in the global market."
> >
> > Companies like Apple, AT&T, Cisco, and Verizon agree. Verizon said
> > 
> <safari-reader://cdn.arstechnica.net/wp-content/uploads/2014/07/verizonamicus.pdf> 
> (PDF)
> > that a decision favoring the US would produce "dramatic conflict with
> > foreign data protection laws." Apple and Cisco said
> > 
> <safari-reader://cdn.arstechnica.net/wp-content/uploads/2014/07/applebriefinremicrosft.pdf> 
> (PDF)
> > that the tech sector is put "at risk" of being sanctioned by foreign
> > governments and that the US should seek cooperation with foreign
> > nations via treaties, a position the US said is not practical.
> >
> > The Justice Department said global jurisdiction is necessary in an age
> > when "electronic communications are used extensively by criminals of
> > all types in the United States and abroad, from fraudsters to hackers
> > to drug dealers, in furtherance of violations of US law."
> >
> > The e-mail the US authorities are seeking from Microsoft concerns a
> > drug-trafficking investigation. Microsoft often stores e-mail on
> > servers closest to the account holder.
> >
> > The senior counsel for the Irish Supreme Court wrote in a recent
> > filing that a US-Ireland "Mutual Legal Assistance Treaty" was the
> > "efficient
> > 
> <http://www.washingtonpost.com/r/2010-2019/WashingtonPost/2014/06/10/National-Security/Graphics/SDNY%20McDowell%20Declaration.pdf>"
> > avenue (PDF) for the US government to obtain the e-mail held on
> > Microsoft's external servers.
> >
> > Orin Kerr, a Fourth Amendment expert at George Washington University,
> > said
> > 
> <http://www.washingtonpost.com/world/national-security/microsoft-fights-us-search-warrant-for-customer-e-mails-held-in-overseas-server/2014/06/10/6b8416ae-f0a7-11e3-914c-1fbd0614e2d4_story.html>,
> > "The scope of the privacy laws around the world is now a very
> > important question, and this is the beginning of what may be a lot of
> > litigation on the question. So it's a big case to watch."
> >
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