- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Obama administration says the world’s servers are ours
Posted on 7/15/14 at 12:36 pm
Posted on 7/15/14 at 12:36 pm
LINK
quote:
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 (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.
Posted on 7/15/14 at 12:41 pm to wickowick
quote:
say is wrong, arguing that the enforcement of US law stops at the border.
I think it would depend on the location of a transaction.
quote:
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.
this is ludicrous
It reminds me of them saying that the 1st amendment applies to online speech.
Why would one be ok but the other not?
Posted on 7/15/14 at 12:42 pm to wickowick
So... when will the Obama Administration surrender to judicial orders demanding certain data from various servers within the US?
Posted on 7/15/14 at 12:42 pm to wickowick
quote:
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
Why?
Posted on 7/15/14 at 12:43 pm to wickowick
quote:
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.
Actually, anyone who is a citizen of the United States is subject to the laws of the United States wherever in the world they are.
Posted on 7/15/14 at 12:44 pm to teke184
quote:
So... when will the Obama Administration surrender to judicial orders demanding certain data from various servers within the US?
Uhm, the hard drives crashed, yeah - the hard drives crashed. All of them. Freaky.
Posted on 7/15/14 at 12:44 pm to Mr.Perfect
quote:quote:
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.
this is ludicrous
It reminds me of them saying that the 1st amendment applies to online speech.
Why would one be ok but the other not?
Because the left is very good at controlling what can be heard via one type of speech and not by the other.
Posted on 7/15/14 at 12:47 pm to SpidermanTUba
quote:
Actually, anyone who is a citizen of the United States is subject to the laws of the United States wherever in the world they are.
You are certifiable.
Do you understand the concepts of jurisdiction and extradition?
Posted on 7/15/14 at 12:55 pm to Wolfhound45
quote:
Do you understand the concepts of jurisdiction and extradition?
Who is being extradited?
Posted on 7/15/14 at 12:56 pm to wickowick
Wouldn't the proper steps be to request the Irish government to obtain the data using their means, and giving it to the US government? Similar to if they wanted to "process" a person in another country?
I understand the slippery slope of a company not having to comply with information requests because that data is stored overseas, especially these days, but what is the administration going to do if Microsoft says no?
I understand the slippery slope of a company not having to comply with information requests because that data is stored overseas, especially these days, but what is the administration going to do if Microsoft says no?
Posted on 7/15/14 at 12:57 pm to Green Chili Tiger
quote:
Someone set us up the bomb. Main screen turn on.
Posted on 7/15/14 at 1:02 pm to wickowick
These are e-mails that Microsoft is obligated to provide. They can't get out of that obligation by putting their servers in another country. Otherwise every regulated industry (and some government agencies) would switch to overseas hosting of e-mails.
Posted on 7/15/14 at 1:04 pm to SpidermanTUba
quote:
Actually, anyone who is a citizen of the United States is subject to the laws of the United States wherever in the world they are.
....now if only the Administration would surrender the e-mails they have been ordered to surrender (IRS=Obama Adm.)
Posted on 7/15/14 at 1:05 pm to teke184
quote:
Someone set us up the bomb. Main screen turn on.
You have no chance to survive make your time.
Posted on 7/15/14 at 1:05 pm to SpidermanTUba
quote:
Who is being extradited?
The U.S. citizens you said were subject to U.S. law wherever they were in the world.
Posted on 7/15/14 at 1:06 pm to mmcgrath
quote:
Otherwise every regulated industry (and some government agencies) would switch to overseas hosting of e-mails.
Or, they could have all of their hard drives crash. All at the same time. Conveniently.
Just saying.
Posted on 7/15/14 at 1:08 pm to Wolfhound45
quote:Crazier things have happened right?
Or, they could have all of their hard drives crash. All at the same time. Conveniently.
Posted on 7/15/14 at 1:08 pm to Mr.Perfect
quote:
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.
NSA loves this kind of ruling. Good God.
Popular
Back to top
Follow TigerDroppings for LSU Football News