TAG | warrants
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.
The House Judiciary Committee is going to be discussing the Electronic Communications Privacy Act. There is a chance that they will strengthen it.
This act was written decades ago, before there were any real cloud solutions. Email was downloaded by your email client, and immediately deleted from the server. They law assumed that any email left on a server more than 180 days had been abandoned, and so no warrant was required for law enforcement to obtain it.
These days, with services like gmail, we tend to keep our email on the servers for years, with no thought that it has been abandoned. Law enforcement is opposing reforms of this law because it would make their work more difficult. Doubtless it would, as does almost any civil liberty.
Earlier this month Zoe Lofgren introduced the Online Communications and Geolocation Protection act, amending ECPA. It would require a warrant to obtain cell phone location information. There is clearly some momentum for reform.