CAT | legal
If this amendment passes, it will significantly reduce the perceived advantages of using servers outside the US. No only would the server still be subject to whatever legal process exists in the hosting country, but they would also be open to legal hacking by the USG.
Here is a new “as a service” offering I had never considered. Companies are supporting ISPs in responding to classified FISA court search warrants for the ISPs, including helping to capture the data and deciding if the request is proper.
A New York district judge has ruled that Microsoft must comply with US search warrants for emails stored in European data centers. The argument is that as a US company, Microsoft is subject to the order, and because it has control of its European subsidiary which in turn has control of the data center in Europe, it should therefor comply.
This will put Microsoft, and many other US Internet companies, in a tricky place. The EU data protection laws are being expanded to explicitly bar EU subsidiaries of US companies from sending data outside the EU for law enforcement or intelligence purposes.
This also further undermines confidence in the security and privacy of data held by US Internet companies.
- A decision giving Canadians more rights to Anonymity
- Iraq’s recent blocking of social media and more
- Iran’s outright criminalization of social media
- A court decision requiring warrants to access cell tower location data
- Another court stating that irrelevant seized data needs to be deleted after searches
- A massive failure of data anonymization in New York City
- A court requiring a defendant to decrypt his files so they can be searched
- The Supreme Court ruling protecting cellphones from warrantless search.
- Phone tracking streetlights in Chicago
- And a small change for iPhones bringing big privacy benefits
In a unanimous decision, the Supreme Court ruled that police must obtain a warrant before searching suspect’s cellphone. Before this, cellphones were treated just like anything else a suspect might carry, including wallet, keys, address book, or various other “pocket litter”.
Police are generally allowed to search suspects for weapons and to prevent the distraction of evidence. Because of the massive amount of storage on a modern smartphone, and its direct connection into so many other stores of data and communications, the court felt that the contents of these devices was qualitatively different and deserving of greater protection.
It is important to remember that the police can still take the phone, and that they can then get a warrant to search it if there is probable cause. They are simply prevented from searching it without the warrant, possibly in the hope (but not expectation) of finding evidence.
This decision may lay the groundwork for according similar protections to cloud stored data, which once would have been kept in the home in hard copy. Law enforcement officials claim that technology is making life easier for criminals and harder for law enforcement. I find that hard to believe and have not seen any really good studies of the matter. If you have, please let me know!
It strikes me that the routine preservation of emails and other communications, along with the massive use of server logged communications from text messages to social media, actually makes things much easier for law enforcement on the whole.
The fact that the decision was unanimous suggests that we may be entering a period of re-evaluating outdated precedents from the pre-internet era.
Some key quotes from the decision:
- Regarding treating phones like other pocket litter – “That is like saying a ride on horseback is materially indistinguishable from a flight to the moon,”
- On the impact on law enforcement – “Privacy comes at a cost.”
- “Cell phones differ in both a quantitative and a qualita- tive sense from other objects that might be kept on an arrestee’s person. The term “cell phone” is itself mislead- ing shorthand; many of these devices are in fact minicom- puters that also happen to have the capacity to be used as a telephone. They could just as easily be called cameras, video players, rolodexes, calendars, tape recorders, librar- ies, diaries, albums, televisions, maps, or newspapers.”
- “The scope of the privacy interests at stake is further com- plicated by the fact that the data viewed on many modern cell phones may in fact be stored on a remote server. Thus, a search may extend well beyond papers and effects in the physical proximity of an ar- restee, a concern that the United States recognizes but cannot defini- tively foreclose.”
- “Our answer to the question of what police must do before searching a cellphone seized incident to an arrest is accordingly simple—get a warrant,”
Some Excellent Articles for further reading:
Note: In the picture above, the policeman is actually just using his own cellphone.