US government says online storage isn't protected by the Fourth Amendment

[MannDude]

Source: http://www.engadget.com/2014/07/14/fourth-amendment-online-data/

A couple months ago, a New York judge ruled that US search warrants applied to digital information even if they were stored overseas. The decision came about as part of an effort to dig up a Microsoft user's account information stored on a server in Dublin, Ireland. Microsoft responded to the ruling and challenged it, stating that the government's longstanding views of digital content on foreign servers are wrong, and that the protections applied to physical materials should be extended to digital content. In briefs filed last week, however, the US government countered. It states that according to the Stored Communications Act (SCA), content stored online simply do not have the same Fourth Amendment protections as physical data:

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.

From the Justice Department's point of view, this law is necessary in an age where "fraudsters" and "hackers" use electronic communications in not just the U.S. but abroad as well. Indeed, the Microsoft account in this case is in relation to a drug-trafficking investigation. However, Microsoft believes there are wide-ranging implications for such a statement, and it's not the only company that thinks so. Verizon also responded, stating that this would create "dramatic conflict with foreign data protection laws" and Apple and Cisco joined in by saying this could potentially damage international relations. In the meantime, a senior counsel for the Irish Supreme Court offered that a "Mutual Legal Assistance Treaty" be pursued so that the US government can get at the email account in question.

 

[Aldryic C'boas]

Land of the free indeed.  This is why all of my stuff is self-hosted, in places I trust -_-.

 

[drmike]

What a bunch of legal mumbo-jumbo and poorly written swill.

It sounds like the only gripe the Gooberment of the USA has is that foreign search warrants require public records disclosure, which could blow their case in some way.

Either way they do things, today, requires proper Court order.  Abroad requires that and mutual cooperation (whcih is established with most civilized countries)... Bi directional aspect of such really could be issue with political activists and others running afoul of their land's regulations... Shame to see someone tossed in prison for decades for speech, non violent pornography, etc.

 

[GIANT_CRAB]

US government says they don't negotiate with terrorists, because they are the terrorists.

 

[wlanboy]

At least they are now saying what they did all the years before.

 

[Chuck]

Damn. I have been paying too much tax for my US government to spy on me.

 

[wlanboy]

Damn. I have been paying too much tax for my US government to spy on me.

Well you have to pay so much taxes because it cost so much money to break the enryption you are using!

 

[AThomasHowe]

Dear Obama,

Show me yours and I'll show you mine.

 

[drmike]

Dear Obama,

Show me yours and I'll show you mine.

Some male escort played that game with him during the first presidential run...

Second time around the republicans played that game with birth certificates.... 

That's one long legged mac daddy I don't want to play that game with.