Month: June 2014

While I’m on my soapbox, we should be really mad at Google and Facebook and Microsoft, because they’re doing a very interesting, and I think, very dangerous thing. They’ve decided to come out and say “we oppose this new FISA bill, because it doesn’t go far enough.” And when you peel that onion back a bit and say “Why are you doing this? This is a good bill, it’s safe, it’s bi-partisan, it’s rational. It meets all the requirements for 4th Amendment protections and privacy protection and allowing the system to work.”

And they say, “Well, we have to do this because we’re trying to make sure we don’t lose our European business.” I don’t know about the rest of you but that offends me from the words “European business.” Think about what they’re doing. They’re willing to, in their mind, justify the importance of their next quarter’s earnings in Europe versus the national security of the United States. Everybody on those boards should be embarrassed and their CEOs should be embarrassed and their stockholders should be embarrassed. That one quarter cannot be worth the national security of the United States for the next ten generations.”

Link (Techdirt)

San Francisco – The Electronic Frontier Foundation (EFF) has urged a federal court to block a U.S. search warrant ordering Microsoft to turn over a customer’s emails held in an overseas server, arguing that the case has dangerous privacy implications for Internet users everywhere.

The case started in December of last year, when a magistrate judge in New York signed a search warrant seeking records and emails from a Microsoft account in connection with a criminal investigation. However, Microsoft determined that the emails the government sought were on a Microsoft server in Dublin, Ireland. Because a U.S. judge has no authority to issue warrants to search and seize property or data abroad, Microsoft refused to turn over the emails and asked the magistrate to quash the warrant. But the magistrate denied Microsoft’s request, ruling there was no foreign search because the data would be reviewed by law enforcement agents in the U.S.

It seems like many US courts have trouble understanding the term “abroad”. Lets hope this one understands it.

Link (EFF)

… but I don’t think for a second the court will get what it has asked for.

Late Friday, a judge in California ordered the DOJ to hand over key rulings from the FISA Court concerning the legality of the bulk records collection under Section 215 of the PATRIOT Act. As you probably know by now, Section 215 is the “business records” provision, that the government claims allows the NSA to collect phone and other records on all communications in the US (despite the fact that the law itself is limited to the FBI and is only supposed to be about records related to terrorism). The FISA Court, however, has broadly (mis)interpreted the law, but done so in secret, such that the NSA now believes it can get basically any phone record (and lots of other kinds of records as well). The EFF filed a lawsuit after its attempt to get access to the relevant FISA Court interpretations (five of ’em) was denied, and the judge is now ordering the DOJ to let them see the rulings in question, after a heavily redacted deposition wasn’t satisfying enough. The ruling is worth reading. The judge basically says that the DOJ has very little credibility on these things, having withheld info it should have released in the past.

Link (Techdirt)