This week there was another progression in the infamous and long running Microsoft vs State of NY case – the one if you remember where the New York, USA court is demanding that Microsoft Ireland aquise to a subpoena issued in the USA.
Well this week the Second Circuit court of appeals agreed with Microsoft USA that the USA had no jurisdiction over assets within Ireland:
§ 2703 of the Stored Communications Act does not authorize courts to issue and enforce against U.S.‐based service providers warrants for the seizure of customer e‐mail content that is stored exclusively on foreign server.
A great writeup of the case can be found at Lawfareblog.
This case can still be raised to the Supreme Court, but since there are other legal methods for the USA to request the assistance of the law authorities in other countries, the door is finally closing on trying to impose domestic law on USA companies with assets in other countries.
The current global data economy and the 1986 Electronic Communications Privacy act are woefully out of step, but this decision is the right one to support the global technology industry.
After all – if a court in the USA can compel the release of data from Ireland, surely a court in China can compel the release of data stored in the USA?
This week BBC news reported that Apple would not help the FBI bypass the pin on one of their phones
The FBI have apparently asked Apple to create two assistive technologies :
“Firstly, it wants the company to alter Farook’s iPhone so that investigators can make unlimited attempts at the passcode without the risk of erasing the data.
Secondly, it wants Apple to help implement a way to rapidly try different passcode combinations, to save tapping in each one manually.”
Ignoring who is right or wrong in this matter – these are not uncommon requests – I’ve been asked by various governments and “three letter agencies” in the past to do exactly the same thing, which I too have politely declined.
Reading between the lines, the FBI requests would indicate an admission that the actual cryptography within the iPhone is robust and correctly implemented – and that there are no discovered back doors which would allow the FBI access to the data without Apple’s help.
So we can assume that the FBI cannot usually access data stored on iPhones. What help can Apple give?
Following on from the July report of the Southern District Court of NY’s attempt to compel Microsoft US to hand over personal emails from a server controlled by Microsoft Ireland, physically in Ireland (really!), Today Microsoft voluntarily offered themselves to be in contempt of court.
Ie, they know they’ve not done what the court asked, and they don’t intend to.
An interesting case brewing courtesy of Microsoft and the Southern District court of NY reported by The Register this week
Here, we have a court order from NY requesting Microsoft produce some emails from a server physically located in Ireland, and managed by a local Irish Microsoft subsidiary.
While there is long standing and well understood that company records stored oversees must be delivered on demand, for example Microsofts financial records across the world would have to be delivered to a court requesting such, the law is a little less clear when it comes to data not strictly owned by a company, yet managed by it. Read more…
I just wanted to post a short note on the excellent Hogan Lovells blog – It’s not gripping reading in the manner of Steven King or Grisham, but if your job or interests revolve around data protection, information security and privacy, the articles posted are well worth your time to read.
With the current news fracas regarding the latest WikiLeaks disclosures, which have reached a pretty interesting juncture with Congressman Peter King asking for WikiLeaks and it’s founder Julian Assange to be declared “Terrorists and spies”, I thought I’d add my fire to the flame and say quite bluntly –
McAfee can help you protect your information!
Yes, you would not believe it but monitoring for inappropriate disclosure of sensitive information is bread-and-butter stuff to us. Read more…
This week as many of you know I’ve been working out of our South African office in Johannesburg, and in particular presented 4 sessions at the McAfee Executive Summit here.
ITWeb, who co-sponsored the event were kind enough to give me a writeup on their site which you can enjoy at your leisure.
Thankyou though to all the customers and partners who came to see us and made the event such a success!