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

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

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:

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