hydroxide 's Techdirt Comments

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• On the post: Court Says Who Cares If Ireland Is Another Country, Of Course DOJ Can Use A Warrant To Demand Microsoft Cough Up Your Emails

  

  hydroxide ( profile ), 01 Aug, 2014 @ 08:02am

  Re: Re:

  They will need it the moment European authorities require it - or pull the plug on the connection.
  
  As it stands, they need explicit consent by the owner of the data to transfer it to the United States anway.

• On the post: Court Says Who Cares If Ireland Is Another Country, Of Course DOJ Can Use A Warrant To Demand Microsoft Cough Up Your Emails

  

  hydroxide ( profile ), 31 Jul, 2014 @ 11:45pm

  Re: Nothing to see here

  As non-US person, I must say this is blown out of proportion. Common sense says, that my local court can request data from me, even if I store it on Amazon/Google/Dropbox or any other "cloud" service located nobody-knows-where-exactly.
  Exactly same thing going on here, where judge correctly pointed out that data is not a document or object.

  
  
  You could not possibly be further from the truth.
  
  A local court can request YOUR data from YOU because it is YOUR data.
  
  That's not the case here, Microsoft is merely STORING the data for others, and it is doing so under specific laws.
  
  

  Bottom line is clear - MS has office in US, data is stored on MS's server and judge ordered a copy. Because "has office in US" part, MS must comply.

  
  
  Nope. The servers belong to Microsoft Ireland, which doesn't have an office in the US, merely an owner.
  
  

  "Privacy protection" laws in Europe are as stupid as "right to forget" - by same token they can outlaw gravity.

  
  
  We have jails aplenty to teach you otherwise.

• On the post: Court Says Who Cares If Ireland Is Another Country, Of Course DOJ Can Use A Warrant To Demand Microsoft Cough Up Your Emails

  

  hydroxide ( profile ), 01 Aug, 2014 @ 01:35am

  You still don't get it

  Say wwwwhat? By this logic, if I have a warehouse, here, and you rent it, and put your stuff in there, local judge can't order me to open the warehouse and examine content just because stuff doesn't belong to me?

  
  
  Except the servers aren't rented. They are the property of MS-Ireland, too. And no, local judges would have a search warrant against the person who rented it, yes.
  
  

  You probably talking about laws of physics, because other laws are irrelevant.

  
  
  Quite the contrary. Irish laws are the only thing that's relevant for servers in ireland.
  
  

  What if MS using sort of distributed file system, where files are spread (shadowed/mirrored) all over the world? Will you apply jurisdiction per filesystem block? Your idea about "specific laws" is ridiculous.

  
  
  No, your ideas are ridiculous. You miss that to install such a file system, MS would have to move the data out of Europe, which is covered by very strict laws.
  
  

  Putting someone in jail doesn't make law more just or less stupid. Some people were burned at stake, and this didn't make heresy laws sensible.

  
  
  And your lack of understanding of legal matters doesn't make laws "stupid". It says more about you than the law.

• On the post: Court Says Who Cares If Ireland Is Another Country, Of Course DOJ Can Use A Warrant To Demand Microsoft Cough Up Your Emails

  

  hydroxide ( profile ), 31 Jul, 2014 @ 04:09pm

  Well, if she insists...

  on instigating a criminal conspiracy against European citizens, I'm sure there's a jail cell available for her in Europe. I hear the Dutch have to shut down prisons because they can't fill them.
  
  What's clear is that any employee of Microsoft Ireland is legally bound to tell MS in the US where they can shove their warrant OR subpoena, as NEITHER has any force whatsoever in Europe.
  
  There are procedures established through international law enforcement cooperation to get one's hand on such data in valid cases. This is merely an attempt by the DOJ to violate international and European law, and the court is aiding and abetting in that.