[Discuss] Discuss Digest, Vol 6, Issue 9

[markw at mohawksoft.com (markw at mohawksoft.com)]

> "Rich Braun" <richb at pioneer.ci.net>
>> I've been targeted in a John Doe case in which a mere law firm (not a
>> law
>> enforcement agency) served a subpoena against a major email provider.
>> ?The
>> rules are pretty hazy and your data definitely is not safe from prying
>> eyes.
>
> This is an interesting topic.

Yes, very interesting from a legal and technological point of view.

> As people are moving storage to the
> cloud, there are many privacy and trade secret issues that are not yet
> fully addressed by the case law.

I would say that the law is actually fairly settled, and it is scary. No
one seems to be addressing or even knows that your right to privacy in the
cloud is non-existent. Once your data is in the hands of someone else,
they have no real right to protect it unless they are your legal counsel.
The government has the right to access your data without a warrant and the
ability to demand that your agent NOT tell you. (read up on NSA letters)

What's worse is that your "agent" has no legal requirement to use its 4th
amendment right to fight for you. In fact, it comes down to cost. If you
are a $20/month customer, would your cloud provided spend millions to
defend your privacy?



> I am doing a legal research paper
> this semester focusing on exactly this issue.  It would be much
> appreciated if you could share some of the technical issues on this
> subject, such as what encryption efforts are normally done, how
> effective is the encryption, etc.  I would be more than happy to share
> my write up with the list after it's done.  Thanks in advance!
>
> Regards,
> HYC
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