Thursday, June 19, 2014

Offshore Data Centers

"You can't move or shut down your computers. We're not finished searching through them!" -- Government snoopers.

   The British government claims that its spy agency, GCHQ, breaks no law when intercepting email. So GCHQ can intercept and inspect electronic messages legally, according to a statement from Parliament.
   Some months ago, Yahoo said it would move its European headquarters and operations out of the UK to Ireland, citing security issues. The British government objected, complaining that if Yahoo moved to Ireland, the British spy agency could no longer browse through private emails. And that, they claim, would make it harder for them to fight crime and terrorism.
   Meanwhile, across the Atlantic, a judge granted a search warrant for U.S. government snoops to search Microsoft email servers. Problem: The email servers are not in the U.S. but in Ireland. Microsoft appealed, saying that even if the FBI has a valid search warrant, they can't knock on someone's door in another country to serve it.

   The legal question now is whether a search warrant issued in one jurisdiction can be served in another, especially across international jurisdictions. If that principle is upheld, look for offshore data centers to become just that -- aboard ships that stay in international waters.
   Unless government agencies hire more super duper snooper scoopers to hack into the floating data centers. Or maybe they're already doing that, browsing through computer servers in other countries without the benefit of lawful approval.

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