3 ms·

Privacy activist Max Schrems says Microsoft's EU data move won't block NSA

18 points by samizdis 6y ago

deleted 6y ago
[deleted]
llarsson 6y ago
Of course it won't! This is the first paragraph from the official summary of the CLOUD Act: > This bill amends the federal criminal code to specify that an electronic communication service (ECS) or remote computing service (RCS) provider must comply with existing requirements to preserve, backup, or disclose the contents of an electronic communication or noncontent records or information pertaining to a customer or subscriber, regardless of whether the communication or record is located within or outside the United States. https://www.congress.gov/bill/115th-congress/house-bill/4943 https://www.congress.gov/bill/115th-congress/house-bill/4943 Note the last part: "regardless of whether the communication or record is located within or outside the United States." The problem is not, and never was, where the data happened to be stored (in a data center on EU or US soil). The problem is the legal implication that is directly tied to where the cloud provider is incorporated and therefore under what rule of law they are under.
traspler 6y ago
I don‘t know too much about this but I kind of always assumed that even if there was perfect separation, one way for the NSA to get to the necessary data would be through GCHQ as an agency in Europe which could help and share this data. It might be harder as the laws are different but still. Is it too paranoid to assume that or do I have completely wrong assumptions about cooperation between the Five Eyes.
- data_acquired 6y ago
  Yup, that's what Five Eyes is partly about. GCHQ can snoop on US citizens and share intel with the NSA, and vice versa with the NSA and UK citizens.
Woodi 6y ago
Isn't it just perfectly sane policy for any nation/country ??? What's TOTALY INSANE is to expect that foreign corporations will play according to rules - you can expect any bullshit talk from them while actions can be whatever they curently want, including working for two or more parties. Anyway, for basic civilisation sanity nation state >> corporations or you are in troubles.

18 points by samizdis 6y ago

deleted 6y ago

[deleted]

Of course it won't! This is the first paragraph from the official summary of the CLOUD Act: > This bill amends the federal criminal code to specify that an electronic communication service (ECS) or remote computing service (RCS) provider must comply with existing requirements to preserve, backup, or disclose the contents of an electronic communication or noncontent records or information pertaining to a customer or subscriber, regardless of whether the communication or record is located within or outside the United States. https://www.congress.gov/bill/115th-congress/house-bill/4943 https://www.congress.gov/bill/115th-congress/house-bill/4943 Note the last part: "regardless of whether the communication or record is located within or outside the United States." The problem is not, and never was, where the data happened to be stored (in a data center on EU or US soil). The problem is the legal implication that is directly tied to where the cloud provider is incorporated and therefore under what rule of law they are under.

traspler 6y ago

I don‘t know too much about this but I kind of always assumed that even if there was perfect separation, one way for the NSA to get to the necessary data would be through GCHQ as an agency in Europe which could help and share this data. It might be harder as the laws are different but still. Is it too paranoid to assume that or do I have completely wrong assumptions about cooperation between the Five Eyes.

data_acquired 6y ago
Yup, that's what Five Eyes is partly about. GCHQ can snoop on US citizens and share intel with the NSA, and vice versa with the NSA and UK citizens.

Woodi 6y ago

Isn't it just perfectly sane policy for any nation/country ??? What's TOTALY INSANE is to expect that foreign corporations will play according to rules - you can expect any bullshit talk from them while actions can be whatever they curently want, including working for two or more parties. Anyway, for basic civilisation sanity nation state >> corporations or you are in troubles.