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Re: OT: US Martial Law threatens EU Cloud users' legal right to privacy

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____/ Homer on Monday 04 Jul 2011 20:48 : \____

> No Data Protection Act (or any privacy laws whatsoever) in the US,
> combined with the Patriot Act, NSA National Security Letters and
> insidious gagging orders, means the US can trample over any non-US
> citizen's legal right to privacy, if they store their data with any US
> company ... even if the actual data is stored /outside/ the US.
> 
> [quote]
> Personal information belonging to EU users of US-owned cloud-based
> services could be shared with US law enforcers without the user being
> informed, Microsoft has said.
> 
> The software giant said it could not guarantee that it would not have to
> hand over EU customers' data on a new cloud service it has developed
> whilst keeping details of the data transfer secret.
> 
> Cloud services allow internet users to store data online instead of
> locally.
> 
> EU data protection laws state that organisations must tell people when
> they are asked to disclose their personal information.
> 
> These EU provisions might conflict with obligations US-based firms, such
> as Microsoft, face under US law.
> 
> The USA Patriot Act gives law enforcement authorities the right to
> access personal data held by US-based companies, regardless of where it
> is stored in the world. The Act also gives law enforcers the right to
> prevent firms informing the customer that they have had to hand over the
> information.
> 
> ...
> 
> The USA Patriot Act caused controversy in Canada in 2008 when a Canadian
> university told its staff and students not to send private data over an
> email system.
> 
> The system was outsourced to the US, prompting staff to lodge an
> official grievance against the university.
> 
> Staff complained that the fact that their emails are routed through the
> US meant their contents were vulnerable to interception by US
> authorities.
> [/quote]
> 
> http://www.theregister.co.uk/2011/07/04/eu_customer_cloud_data_may_be_handed_over_by_microsoft/
> 
>    "regardless of where it is stored in the world"
> 
> Presumably this would also include Google, or any US-based Cloud service
> provider.

The FFII complained about the EU putting some of the Google Analytics (Urchin) worm in
several of its sites, which basically gives access to the US to what EU citizens
do on Federal sites. What would we say if Google was based on China?

This is more of a regime problem than a corporate problem, IMHO.

- -- 
		~~ Best of wishes

Dr. Roy S. Schestowitz (Ph.D. Medical Biophysics), Imaging Researcher
http://Schestowitz.com  | GNU/Linux administration | PGP-Key: 0x74572E8E
Editor @ http://techrights.org & Broadcaster @ http://bytesmedia.co.uk/
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Contact E-mail address (direct): s at schestowitz dot com
Contact Internet phone (SIP): schestowitz@xxxxxxxxx (24/7)
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