US government says data stored overseas isn't protected by the Fourth Amendment

[Justin Kahn]

Back in May, a judge in New York ruled that search warrants for digital content stored by US companies apply whether that data is held on servers overseas or not. Even after Microsoft and other major tech companies publicly expressed concerns with the ruling, citing far reaching negative implications, the US government has now filed documents reaffirming its position on the matter.

The government said that online data does not have the same Fourth Amendment rights as physical content as per the Stored Communications Act (SCA) "and Microsoft is mistaken to argue that the SCA provides for an overseas search here. As there is no overseas search or seizure, Microsoft's reliance on principles of extra-territoriality and comity falls wide of the mark."

Microsoft wasn't alone in its concerns with the ruling. Apple, Verizon and Cisco were also opposed to the decision saying there could be potentially serious damage done to international relations and could cause a number of conflicts with existing protection laws. The groups also suggested the US seek international treaties with foreign nations, but the government has suggested that actions of this nature just aren't practical in some cases, according to reports.

The initial ruling was based on an ongoing investigation which required access to a Microsoft user's email account in Ireland. The Irish Supreme Court's senior counsel seems to agree with the US tech companies, suggesting a "Mutual Legal Assistance Treaty"  between the US and Ireland as the most appropriate way for US officials to obtain the data they require.

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https://www.techspot.com/news/57417-us-government-says-data-stored-overseas-isnt-protected-by-the-fourth-amendment.html

 

[VitalyT]

US government says many things....and it is not an amendment that guarantees data protection.

 

[Guest]

Same ol' BS. And money says .... loopholes are purchasable on request. And so are **** blockers should the loophole be to the disadvantage of greedy money hungry sum beetchez

 

[cliffordcooley]

So where exactly is the Cloud located again?
Since the Cloud is neither here or there, it falls under no protection.

 

[Guest]

I guess if I work overseas I'm no longer required to pay taxes either.

 

[cliffordcooley]

I guess if I work overseas I'm no longer required to pay taxes either.

That's a good one! I like that thought.

 

[Guest]

Typical US government two-faced baloney. I don't believe historically we've ever witnessed a world empire lose so much standing and merit at such a rapid pace. Seems like evolution has taught us little. A few hundred million years is apparently not enough.

 

[wastedkill]

I guess if I work overseas I'm no longer required to pay taxes either.

That's a good one! I like that thought.

Hey clifford make sure you pay back the government the amount your household owes which I think is what $100k? You own the $1trillion debt man pay up already!

Seriously now the us government can do whatever they like heck they can go into massive debt and still have more assets then the average person with debt... no stopping them from killing other leaders and saying "Its not our fault they died, we only helped with burning of the corpse"

 

[Guest]

The U.S. Constitution just seems to keep eroding more each day.

The same sad story throughout man's history: Use power to control others.

 

[Nima304]

The U.S. Constitution just seems to keep eroding more each day.

Quite literally. I wonder how much more the U.S. population will allow, or if they're just so brainwashed at this point that they'll do nothing to stop it from happening.

 

[Guest]

It is funny how micro soft would complain about any constitutional rights being violated. Last time I cheated they design a system for police to violate your 4th amendment rights or is it the 5th I think it is the 5th. Your right to not testify against your self. It is called the registry. Your registry testifies against you. It shows everything you did. There is your biggest violation. You pay for your own hard drive and software and it is used against you right under you nose. I thought we had the right to shut up when arrested for any false accusation. That right is not extended to your digital friend hahaha. Your computer has the right to snitch on you and become a floodgate of information against you. And all this was designed by micro soft against you. And here is the kicker they make you pay in the US 4 times for their software. You windows in the US is 400 while in europa is like 100 euros. People think that we just don't know how to convert currency. Also in some african countries is free. Like nigeria so they can run their scams. Let me guess if you take out internet explorer that you claim is free they sell it for 300 less to justify. Good one. I love the news this morning about biggest restructure of micro soft. hahaha. Made my day. Oh also all the security issues with windows built in for law enforcement and spy agency. To bad hackers find these back doors and they have to be patched with a new one hahaha till they are found again. This is why foreign governments now are banning windows on their machines as well as intel chips. They are starting to find out that this mechanism is built into chips as well. Divide by 0 and all kinds of tricks to halt the program and take full ownership of your stuff. This is some of the stuff that Snowden may have revealed. Like we didn't already know. hahahaha. This is funny that someone has to point out the elephants in the room and we still say it is not there you are just smoking crack.

 

[Skidmarksdeluxe]

I guess guess just about everybody in the world who has watched crime programs on TV has heard of Americas fifth amendment, I always wondered if there were four before that...

 

[Guest]

4th Amendment not protected overseas? What about at all? Thanks to the "Patriot Act" the bill of rights is now just a historical document with no modern purpose.

 

[Guest]

Quite literally. I wonder how much more the U.S. population will allow, or if they're just so brainwashed at this point that they'll do nothing to stop it from happening.

I wouldn't say anyone is brainwashed... just too content with their lives to care. Its unpatriotic in America to claim any wrong doings by the Government. If any Americans gave a half a sh~t about their rights instead of their bank account this would have stopped decades ago.