Linked by Thom Holwerda on Thu 1st Mar 2018 01:00 UTC, submitted by Alfman
Legal

Should the United States government be able to conduct a search of your emails if they are stored on a server in another country, or does the government’s right to examine digital evidence stop at the border?

That is a central question in United States v. Microsoft, a case scheduled to be argued on Tuesday before the Supreme Court.

Both sides in the case have legitimate concerns. If the court sides with Microsoft and declines to allow searches for data stored in another country, the government will be hampered in investigating crimes like terrorism, child pornography and fraud.

If the court sides with the government and rules that it may demand data stored overseas by American companies, those companies will find it much harder to do business abroad. This is because many foreigners fear that United States warrants authorizing such searches will disregard privacy protections afforded by their country. The government of Germany, a country with stringent privacy laws, has already indicated it will not use any American company for its data services if the court decides to allow searches.

At this point, I feel like it's just safer to assume all data stored online or sent from one device to the next is essentially not secure in the sense that no one will be able to read if they really wanted to. It's not the way it should be, but I don't think there's a whole lot we can do about it - regardless of the outcome of legal cases such as this one.

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Comment by Lorin
by Lorin on Thu 1st Mar 2018 01:38 UTC
Lorin
Member since:
2010-04-06

No country has any right to investigate crimes that occur outside of its own borders

Reply Score: 0

RE: Comment by Lorin
by stormcrow on Thu 1st Mar 2018 03:32 in reply to "Comment by Lorin"
stormcrow Member since:
2015-03-10

Are you really this naive? Governments don't need the "right", only the "might" to reach across their borders. Intelligence services do this regularly. Guess what? They're expected to do it. It is safe to assume that any and all data not under your direct supervision is already compromised. It's also reasonable to assume that data under your direct supervision may be compromised as well if you're under the cross hairs of a nation state.

The moral? Don't put anything in writing you don't want 'getting out'. Ever. Especially not in digital form.

Reply Parent Score: 7

v RE[2]: Comment by Lorin
by leech on Thu 1st Mar 2018 16:05 in reply to "RE: Comment by Lorin"
RE[2]: Comment by Lorin
by imthefrizzlefry on Thu 1st Mar 2018 19:45 in reply to "RE: Comment by Lorin"
imthefrizzlefry Member since:
2010-10-28

While I agree that intelligence agencies regularly compromise data in foreign countries, In the United States, that data cannot be introduced into a court of law. This ruling could convince US courts that they too can reach across borders to prosecute legal persons (including both corporations and humans). This is a new idea, and I think it's insane to even entertain that courts should be able to do this.

Reply Parent Score: 3

RE: Comment by Lorin
by Brendan on Fri 2nd Mar 2018 12:58 in reply to "Comment by Lorin"
Brendan Member since:
2005-11-16

Hi,

No country has any right to investigate crimes that occur outside of its own borders


I'm curious. If a person in Europe hacks into some servers in China to steal credit card information that belongs to American citizens (and then that person leaves Europe and moves to Russia); which country has the right to investigate?

The reality is that for some crimes investigation requires international cooperation; and because of this there's (formal or informal) "I'll help you if you help me" agreements between countries.

- Brendan

Reply Parent Score: 4

RE[2]: Comment by Lorin
by cfgr on Sat 3rd Mar 2018 09:59 in reply to "RE: Comment by Lorin"
cfgr Member since:
2009-07-18

which country has the right to investigate?


It's not the investigating part that's wrong. Everyone has the right to investigate. They just don't have to right to seize data/evidence stored within another country's borders. They can always try to set up a treaty, which would be the proper way of cooperating with other nations to obtain evidence and criminals.

Reply Parent Score: 2

RE: Comment by Lorin
by cacheline on Fri 2nd Mar 2018 14:15 in reply to "Comment by Lorin"
cacheline Member since:
2016-06-10

It sounds to me like the issue is not crimes committed abroad. But rather if crimes are committed in the USA, but records of the crime exist outside the USA, can the US government still access those records legally.

Reply Parent Score: 3

RE: Comment by Lorin
by M.Onty on Sat 3rd Mar 2018 13:16 in reply to "Comment by Lorin"
M.Onty Member since:
2009-10-23

Even not allowing this cases of this type, they certainly do. Its called hot pursuit: https://en.wikipedia.org/wiki/Hot_pursuit

Edited 2018-03-03 13:19 UTC

Reply Parent Score: 2