I don't know if you are adequately addressing issue number 1. He is talking more about the rule of law and a court ordering the data to be disclosed versus wha

I don't know if you are adequately addressing issue number 1. He is talking more about the rule of law and a court ordering the data to be disclosed versus what you are talking about which is the technical issue of one person gaining access to another persons files via technology. One would imagine that seeing as this is a backup solution for total/partial failures, one would need to be able to bootstrap a machine from this information. If all the required information to recreate a machine was on the machine that failed then this backup solution would be an expensive waste of time. By that logic there must be a centralized repository of information at the server side thus they could in theory be forced to divulge the information on the server if there was a court order. I am not a lawyer though.