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[3]: Comment by Lorin
by Alfman on Sat 3rd Mar 2018 13:14 UTC in reply to "RE[2]: Comment by Lorin"
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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.

You are right, cooperation is clearly the best solution. It's simple and much less controversial.

I think that the problem for the US is that they loose blanket surveillance powers as well as secret fisa court subpoenas. But IMHO that's a good thing. Hell, without oversight nor due process, these shouldn't even exist within US borders due to their unconstitutionality.

Edited 2018-03-03 13:18 UTC

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