Windows 10: How Microsoft's data case could unravel the US tech industry

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  1.    08 Sep 2015 #20

    Seems Apple is also being taken to task over this as well...

    WASHINGTON — In an investigation involving guns and drugs, the Justice Department obtained a court order this summer demanding that Apple turn over, in real time, text messages between suspects using iPhones.

    Apple’s response: Its iMessage system was encrypted and the company could not comply.

    Government officials had warned for months that this type of standoff was inevitable as technology companies like Apple and Google embraced tougher encryption. The case, coming after several others in which similar requests were rebuffed, prompted some senior Justice Department and F.B.I. officials to advocate taking Apple to court, several current and former law enforcement officials said.

    While that prospect has been shelved for now, the Justice Department is engaged in a court dispute with another tech company, Microsoft. The case, which goes before a federal appeals court in New York on Wednesday and is being closely watched by industry officials and civil liberties advocates, began when the company refused to comply with a warrant in December 2013 for emails from a drug trafficking suspect. Microsoft said federal officials would have to get an order from an Irish court, because the emails were stored on servers in Dublin.

    The conflicts with Apple and Microsoft reflect heightened corporate resistance, in the post-Edward J. Snowden era, by American technology companies intent on demonstrating that they are trying to protect customer information.

    "It’s become all wrapped up in Snowden and privacy issues," said George J. Terwilliger III, a lawyer who represents technology companies and as a Justice Department official two decades ago faced the challenge of how to wiretap phone networks that were becoming more digital.
    Source: Apple and Other Tech Companies Tangle With U.S. Over Data Access
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  2. Posts : 35
    Windows 10 Pro, LinuxMint
       06 Oct 2015 #21

    Europe’s Top Court Strikes Down ‘Safe Harbor’ Data-Transfer Agreement

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  3.    06 Oct 2015 #22

    Interesting - sounds like it could be quite a big deal. This story is on the broadcast news a lot here today also.
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  4. Posts : 37,567
    Dual boot Windows 10 FCU Pro x 64 & current Insider 10 Pro
       06 Oct 2015 #23

    Disclaimer: I’m aware that this type of subject is difficult to discuss while trying to avoid a political viewpoint. I will attempt to do so to comply with the forum rules. I’m simply attempting to convey the facts about this subject as I see them, however, I am not a lawyer, but I can decipher agreements. I always question those in authority and any law using our constitution as a gauge. If the administration feels this is not appropriate, by all means delete this post.

    @keseyken. Thanks much for posting a link to an article to start this very important subject.

    MS gets a for defying our Justice Department's request. I think our Justice Department is forgetting that this is my/our data that I/we lay down with a keyboard or other means, whether privately or publically transmitted and/or stored. I/we give the tech companies the right to transmit and/or store this data, whether the service is free or purchased. IF THEY FEEL THE NEED FOR SUCH DATA, THEN THEY NEED TO GET A JUDGE TO SIGN AN ORDER OR WARRANT WITH DUE CAUSE FOR SUCH A REQUEST ADDRESSED AND SERVED TO ME/US TO RETRIEVE SUCH DATA, NOT ANY TECH COMPANY. THE TECH COMPANIES DO NOT OWN OUR DATA, UNLESS IT’S IN THEIR AGREEMENT OF WHICH I/WE AGREE TO OTHERWISE as seen below. THEY SIMPLY TRANSMIT AND/OR STORE IT. I CAN'T STRESS THAT ENOUGH.

    Thanks for posting that article's link, keseyken. This rejuvenated a thread that I overlooked and I've been neglecting the news thread these past weeks.

    The European Court of Justice also gets a for their latest ruling IMO. Hit us where it hurts > In American companies’ wallets. Perhaps all Americans will wake up to the facts after there’s no more free cloud storage service. At least for the commoners. I'm glad the EU court finally realized that their (European) citizens' data is at risk due to the NSA. I belong to NSmA > National Security my Arse! It's plain and simply violating our/your privacy via an unconstitutional act called The Patriot Act. It's not at all "patriotic" to do such spying. Our founding fathers laid it all out in our Constitution. It follows no due process of law whatsoever! It’s an invasion of privacy > PERIOD!

    A quote from an article in today’s “The Wall Street Journal”. Source: EU Court Says Data-Transfer Pact With U.S. Violates Privacy - WSJ

    ”We are deeply disappointed in today’s decision,” said U.S. Secretary of Commerce Penny Pritzker, who added that that it “puts at risk the thriving trans-Atlantic digital economy.”
    Well, I should think Penny needs to contact the NSA, yes?

    A few lines from Designer Media Ltd (this forum site) “Terms of Agreement” as seen here: Windows 10 Forums - Terms

    We shall own any material you send to the site or to us, shall not be obliged to treat any such communication as confidential and may exploit any such communication and its contents in such ways as we see fit.
    That means any data I transmit and upload to this site is owned by Designer Media Ltd as per agreement with my use of the site as I'm well aware of…..

    These conditions of use are governed by English and Welsh law and any dispute connected with this site is subject to the exclusive jurisdiction of the courts of England and Wales.
    …..and is “governed by English and Welsh law”, not U.S. law.

    When it comes to MS agreement: Microsoft Services Agreement

    Your Content

    2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
    This simply means I/we own it, however, (this is where it gets a little complicated) if you read on…..

    b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Microsoft products and services, you grant to Microsoft a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Controls for how Microsoft personalizes advertising are available on the Security & privacy page of the Microsoft account management website. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Statements.
    The way I read it is that I/we give MS the license to use our data within the privacy agreement for the purpose of improving the service, not the right to take ownership our data.

    Unless otherwise agreed to, data is not owned any more than the words transmitted by anyone via a telephone conversation is owned by a telephone company, however, one must read the agreement.
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  5.    06 Oct 2015 #24

    . . . the moving trucks are starting their engines. . .:)
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  6. Posts : 37,567
    Dual boot Windows 10 FCU Pro x 64 & current Insider 10 Pro
       07 Oct 2015 #25

    Lee said: View Post
    . . . the moving trucks are starting their engines. . .:)
    Are you moving, Lee? I read that Europe will be very secure, but then again one never knows for sure.
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  7. 200motels's Avatar
    Posts : 34
    Linux Mint 17.3, Windows 10 and 7 Pro
       07 Oct 2015 #26
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