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> Judge Preska of course feels differently, and she has consistently agreed with the prosecution argument that the physical location of email is irrelevant beca

by burgers 12y ago

> Judge Preska of course feels differently, and she has consistently agreed with the prosecution argument that the physical location of email is irrelevant because Microsoft controls the data from its base in the United States. I find this bit very interesting. As opposed to Microsoft being a US company, it is that it's operations are located in the US. I wonder what effects this decision could have on the US labor market if companies relocate operations in the same way they relocate certain things for tax avoidance.

toyg 12y ago
> if companies relocate operations in the same way they relocate certain things for tax avoidance. They already do. Umpteen companies run servers in this or that country for specific legal reason which are not necessarily related to taxation. Classic case: companies with dubious stands in regard to copyright law. The PATRIOT Act already forced a number of companies to open European datacentres to satisfy particularly-picky customers; it's just that this particular threat was considered mostly theoretical... until Edward Snowden proved the opposite. Now all cloud-services providers must prove their virginity or risk losing sizeable chunks of lucrative European markets, hence why Microsoft is making a stand (on this case, at least). I do applaud them: if anything, once this process is over, we'll have a clearer picture of what exactly the US government can or cannot ask from US-based cloud companies. We're currently in a fog where the law says certain things but practical experience says another. A realignment in one way or the other would be most welcome.
- AndyNemmity 12y ago
  >The PATRIOT Act already forced a number of companies to open European datacentres to satisfy particularly-picky customers; It's not picky customers, it's everyone. It's literally the first discussion that occurs. Any company in any part of the world wants their data in a datacenter near them, that follows rules they are comfortable with. It cannot be overstated just how important this issue is to foreign companies.
  - TazeTSchnitzel 12y ago
    Especially as those customers might end up liable.
  - toyg 12y ago
    > It's not picky customers, it's everyone. It's literally the first discussion that occurs. In my experience that often wasn't the case until Snowden came about, but I guess it might depend on specific sectors. I agree that now it's absolutely everyone.
    - deleted 12y ago
      [deleted]
- X-Istence 12y ago
  You think companies are being picky when they want their data stored in a manner that doesn't break the law of the countries they are based in? That's a VERY US centric view...

by burgers 12y ago

toyg 12y ago

> if companies relocate operations in the same way they relocate certain things for tax avoidance. They already do. Umpteen companies run servers in this or that country for specific legal reason which are not necessarily related to taxation. Classic case: companies with dubious stands in regard to copyright law. The PATRIOT Act already forced a number of companies to open European datacentres to satisfy particularly-picky customers; it's just that this particular threat was considered mostly theoretical... until Edward Snowden proved the opposite. Now all cloud-services providers must prove their virginity or risk losing sizeable chunks of lucrative European markets, hence why Microsoft is making a stand (on this case, at least). I do applaud them: if anything, once this process is over, we'll have a clearer picture of what exactly the US government can or cannot ask from US-based cloud companies. We're currently in a fog where the law says certain things but practical experience says another. A realignment in one way or the other would be most welcome.

AndyNemmity 12y ago
>The PATRIOT Act already forced a number of companies to open European datacentres to satisfy particularly-picky customers; It's not picky customers, it's everyone. It's literally the first discussion that occurs. Any company in any part of the world wants their data in a datacenter near them, that follows rules they are comfortable with. It cannot be overstated just how important this issue is to foreign companies.
- TazeTSchnitzel 12y ago
  Especially as those customers might end up liable.
- toyg 12y ago
  > It's not picky customers, it's everyone. It's literally the first discussion that occurs. In my experience that often wasn't the case until Snowden came about, but I guess it might depend on specific sectors. I agree that now it's absolutely everyone.
  - deleted 12y ago
    [deleted]
X-Istence 12y ago
You think companies are being picky when they want their data stored in a manner that doesn't break the law of the countries they are based in? That's a VERY US centric view...