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Microsoft Can't Keep EU Data Safe from US Authorities

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Re: Microsoft Can't Keep EU Data Safe from US Authorities

#42
post #21

But then who can? No global cloud providers, including Hetzner and OVH, are free from CLOUD act because they have US presence[1]. 1. https://us.ovhcloud.com/legal/faqs/cloud-act/

Who? You can use Hetzner and OVH proper instead of US subsidiaries. Using AWS/Azure/GC in Europe these days is pretty risky for more than one reason.

Re: Microsoft Can't Keep EU Data Safe from US Authorities

#43
post #17

Earlier quoted context omitted.

Well, not relying on US cloud would already be a giant step in the right direction, by making it significantly harder to snoop on the data.

I don't believe that's the case because the intelligence pooling is meant to remove cross-border friction. A general breakdown of western alliances would probably be required (and maybe that's where we're headed.)

Not just headed, it is already in the process.

Re: Microsoft Can't Keep EU Data Safe from US Authorities

#44
post #42
post #21

But then who can? No global cloud providers, including Hetzner and OVH, are free from CLOUD act because they have US presence[1]. 1. https://us.ovhcloud.com/legal/faqs/cloud-act/

Who? You can use Hetzner and OVH proper instead of US subsidiaries. Using AWS/Azure/GC in Europe these days is pretty risky for more than one reason.

FISA and the Stored Communications Act as modified by the CLOUD Act don't distinguish between (i) parent company overseas + US subsidiary and (ii) parent company in US + foreign subsidiary. In both instances the US asserts personal jurisdiction, extending to wherever the data is stored geographically.

Re: Microsoft Can't Keep EU Data Safe from US Authorities

#45

I can't imagine the Cloud Act being effective without Microsoft (and French gov) complicity. If they can make successful tax shelters they can architect the entities and the architecture to remove this option. There's some 9-eyes thing where this is a feature not a bug

Microsoft tried architecting a "surveillance shelter" in Ireland. It worked. That's actually why the CLOUD Act even exists[0]: it was passed specifically to prohibit Microsoft from doing this.

[0] https://en.wikipedia.org/wiki/Microsoft_Corp._v._United_Stat...

Re: Microsoft Can't Keep EU Data Safe from US Authorities

#46
post #40

Earlier quoted context omitted.

I don't think that YouTube video is a good supporting piece for your point. The spokesperson says they don't want to propagate harmful stereotypes. "brag about silencing dissent" seems like a strawman interpretation A better faith interpretation is that people are free to criticize Israel and Zionism on Meta, just not using racist tropes.

Oh if that were only true. It's been made apparent in the last 2 years in particular that fighting antisemitism from the perspective of the ADL and figures like Jordana Cutler (who previously worked for the Israeli Prime Minister's Office) simply means silencing critcism of Israel, even when that means siding with actual antisemites (up to and including neo_nazis and outright Nazis). Examples: - Ben Shapiro excuses a…

I was replying to the claims on big tech company policies. Jordana Cutler appears to be an internal advocate for reducing antisemitism on the Meta platform. They don't set policy. There are many similar roles for many different groups, it's how the company tries to hear more points of view before making policy changes.

We can only judge big tech company policy based on its declaration or application. So far I see no supported criticisms of either, though I am open to them.

Re: Microsoft Can't Keep EU Data Safe from US Authorities

#47
post #44
post #42

Earlier quoted context omitted.

Who? You can use Hetzner and OVH proper instead of US subsidiaries. Using AWS/Azure/GC in Europe these days is pretty risky for more than one reason.

FISA and the Stored Communications Act as modified by the CLOUD Act don't distinguish between (i) parent company overseas + US subsidiary and (ii) parent company in US + foreign subsidiary. In both instances the US asserts personal jurisdiction, extending to wherever the data is stored geographically.

The US has no authority whatsoever over a foreign parent company. The US subsidiary also has no access to "foreign" data.

Re: Microsoft Can't Keep EU Data Safe from US Authorities

#50
post #47
post #44

Earlier quoted context omitted.

FISA and the Stored Communications Act as modified by the CLOUD Act don't distinguish between (i) parent company overseas + US subsidiary and (ii) parent company in US + foreign subsidiary. In both instances the US asserts personal jurisdiction, extending to wherever the data is stored geographically.

The US has no authority whatsoever over a foreign parent company. The US subsidiary also has no access to "foreign" data.

The US by and large can (and does) assert authority outside of its jurisdiction, from which another country can choose to capitulate.

Most of the time countries do, because they are all swapping data on their citizens between themselves to skirt various laws.

In the case where the US really wants something, and the country won't yield, they'll fund contras or destabilize the government (if small enough to be bullied) or impose sanctions so drastic it's effectively a soft act of war.

This is all to say that, the US has nearly unlimited authority while it stands as the world's defacto superpower.

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