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Microsoft calls for dismissal of U.S. Supreme Court privacy fight

200 点作者 djacobs大约 7 年前

9 条评论

craigc大约 7 年前
It is really sad and disturbing to me how little coverage the CLOUD act has gotten. A law was passed quietly that was snuck into page 2,201 of an unrelated spending&#x2F;budget bill just before Congress voted on it to allow warrantless surveillance by foreign governments and law enforcement on any US citizen, and not one mainstream media source has written about it. It was signed into law by Trump just a couple days later without a single hearing or debate in Congress.<p>Please read:<p>- <a href="https:&#x2F;&#x2F;www.theregister.co.uk&#x2F;2018&#x2F;03&#x2F;23&#x2F;cloud_act_spending_bill&#x2F;" rel="nofollow">https:&#x2F;&#x2F;www.theregister.co.uk&#x2F;2018&#x2F;03&#x2F;23&#x2F;cloud_act_spending_...</a><p>- <a href="https:&#x2F;&#x2F;www.eff.org&#x2F;deeplinks&#x2F;2018&#x2F;03&#x2F;responsibility-deflected-cloud-act-passes" rel="nofollow">https:&#x2F;&#x2F;www.eff.org&#x2F;deeplinks&#x2F;2018&#x2F;03&#x2F;responsibility-deflect...</a><p>I personally believe the Facebook “scandal” is&#x2F;was a smoke screen to draw the media attention away from this (4 or 5 year old scandal with regards to data collected for the Government to begin with). No private information was leaked (private messages, chats, etc) from Facebook as far as I am aware. I am not saying Facebook is innocent here – they are far from it, but I can’t stop thinking that the timing is too convenient and too much of a coincidence. Also recall that Zuckerberg liquidated around $500 million of Facebook stock in February.<p>All of the major tech companies (Apple, Google, Facebook, Microsoft, etc) co-authored a letter supporting this legislation saying that it represents “notable progress to protect consumers’ rights.” despite the fact that it does the exact opposite. I think it will save them money from drawn out legal battles, legal fees, and the possibility of having to build additional data centers in other countries&#x2F;continents to replicate and provide access to customer’s data for law enforcement agencies.<p>The CLOUD act allows access to ANY data including emails, private messages, etc. without requiring a warrant or having to inform the person that it is being collected. It gives additional power to the executive branch as the attorney general and certain members of the cabinet can access data on unsuspecting individuals without having to notify Congress or the Judicial branch. Also data collected from another party interacting with someone else could be used to criminally prosecute them even if they were not under any suspicion or investigation to begin with.
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mtgx大约 7 年前
I was afraid this was going to happen, after Microsoft became one of the primary supporters of the CLOUD Act recently.<p><a href="https:&#x2F;&#x2F;blogs.microsoft.com&#x2F;on-the-issues&#x2F;2018&#x2F;03&#x2F;21&#x2F;microsoft-statement-on-the-inclusion-of-the-cloud-act-in-the-omnibus-funding-bill&#x2F;" rel="nofollow">https:&#x2F;&#x2F;blogs.microsoft.com&#x2F;on-the-issues&#x2F;2018&#x2F;03&#x2F;21&#x2F;microso...</a><p>It&#x27;s also the <i>second time</i> in the last few months that Microsoft has settled with the government instead of pushing forward the privacy fight. The government pinky-promised that it wouldn&#x27;t abuse the gag orders anymore, and that&#x27;s all it took for Microsoft to give up:<p><a href="https:&#x2F;&#x2F;blogs.microsoft.com&#x2F;on-the-issues&#x2F;2017&#x2F;10&#x2F;23&#x2F;doj-acts-curb-overuse-secrecy-orders-now-congress-turn&#x2F;" rel="nofollow">https:&#x2F;&#x2F;blogs.microsoft.com&#x2F;on-the-issues&#x2F;2017&#x2F;10&#x2F;23&#x2F;doj-act...</a><p>It was starting to look like Microsoft&#x27;s Chief Legal Officer Brad Smith was starting to care a bit about privacy with all the things he was proposing (like the Digital Geneva Convention) and these recent lawsuits he pushed the company to start against the government. But it looks like that fight was very short-lived and the pro-surveillance people in the company (Nadella, probably, going by how they implemented law enforcement&#x27;s whole wishlist into Windows 10) won that debate.<p>So I guess we can no longer trust Microsoft to fight for privacy at all anymore. And with the CLOUD Act, nobody should trust any US-based company anymore anyway.
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rgbrenner大约 7 年前
no mention of the law in the article. CLOUD Act:<p><a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;CLOUD_Act" rel="nofollow">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;CLOUD_Act</a><p><a href="https:&#x2F;&#x2F;www.eff.org&#x2F;deeplinks&#x2F;2018&#x2F;03&#x2F;responsibility-deflected-cloud-act-passes" rel="nofollow">https:&#x2F;&#x2F;www.eff.org&#x2F;deeplinks&#x2F;2018&#x2F;03&#x2F;responsibility-deflect...</a><p>The bill (passed as part of the spending bill a week ago):<p><a href="https:&#x2F;&#x2F;www.congress.gov&#x2F;bill&#x2F;115th-congress&#x2F;house-bill&#x2F;4943" rel="nofollow">https:&#x2F;&#x2F;www.congress.gov&#x2F;bill&#x2F;115th-congress&#x2F;house-bill&#x2F;4943</a>
strstr大约 7 年前
Just going to give a shout out to the openness of the Supreme Court oral arguments. You can find them directly from the Supreme Court (<a href="https:&#x2F;&#x2F;www.supremecourt.gov&#x2F;oral_arguments&#x2F;argument_audio&#x2F;2017" rel="nofollow">https:&#x2F;&#x2F;www.supremecourt.gov&#x2F;oral_arguments&#x2F;argument_audio&#x2F;2...</a>) or in Podcast form (<a href="https:&#x2F;&#x2F;itunes.apple.com&#x2F;us&#x2F;podcast&#x2F;u-s-supreme-court-oral-arguments&#x2F;id1048210550?mt=2" rel="nofollow">https:&#x2F;&#x2F;itunes.apple.com&#x2F;us&#x2F;podcast&#x2F;u-s-supreme-court-oral-a...</a>).<p>First Mondays (<a href="http:&#x2F;&#x2F;www.firstmondays.fm" rel="nofollow">http:&#x2F;&#x2F;www.firstmondays.fm</a>) did an interview with Microsoft&#x27;s Chief Legal Officer about the Supreme Court case and the CLOUD Act.<p>The combination of these sources made both the CLOUD Act and this call for dismissal somewhat unsurprising. It was pretty clear that the Supreme Court wanted congress to clarify the now antiquated Stored Communications Act.
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olympus大约 7 年前
While the new law isn&#x27;t the best, this particular course of action based on the law seems completely reasonable.<p>New law -&gt; new warrant -&gt; no reason to continue wasting government $$ on fighting a court case that now has federal law clarifying the issues. Microsoft gets to save some money as well.
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jfoutz大约 7 年前
So, if I’m following the cloud act, it sounds like I could find an officer (anywhere in the world) that needs $500 and in exchange get everything stored by Google and Facebook for a specific person.<p>I have no need for such a thing. However it’s not hard to imagine drug cartels or similar organizations using this right away.<p>Pretty exciting new feature. Surprised they buried it in the patch notes.
kerng大约 7 年前
In many ways this case isn&#x27;t settled until the foreign stakeholders agree with it also, or? I mean Ireland can still force Microsoft to not hand over the data because its on their soil? Or because its digital law makers assume the data is already in US. Doesn&#x27;t this need agreements between countries? Anyone know more, I&#x27;m not super savvy on that topic.
justinclift大约 7 年前
Fairly unfortunate (mind understatement). Especially for the US Corp which <i>literally</i> added mandatory uploading and sharing of random end user docs to Win 10.<p>Hopefully this starts the ball rolling on Windows being completely unacceptable for use by all non-US goverments and business. Giving your docs to an unfriendly foreign state isn&#x27;t cool. ;)
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sbov大约 7 年前
Why does this sort of thing not require an amendment to the constitution?
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