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Did Obama Just Destroy the U.S. Internet Industry?

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Re: Did Obama Just Destroy the U.S. Internet Industry?

#121
post #40

This is a huge deal. I live in Australia and I have been running businesses on the cloud for the last 3 years or so. I have rarely heard the issue of the PATRIOT Act raised and in spite of there being laws banning the transfer of personal data outside Australia, most people are quite lax about the issue and take the view that the risks are too small to be counted. Those days are most certainly over. This stuff will a…

Wasn't Australia already implicated as a collaborator in ECHELON?

Yes Australia runs a SIGINT collection point for the NSA, at least since the 90s.

Re: Did Obama Just Destroy the U.S. Internet Industry?

#122
post #104

One of the rather interesting side issues in this whole debate has been how casually the rights of foreigners are tossed aside as secondary to those of american citizens. There is intense debate about whether US citizens rights are being violated, but almost nobody questions whether there's any moral or ethical issue with completely unrestrained spying on everybody else. While I understand that this is largely becaus…

I can't speak for others, but as far as I am concerned, every person on earth has the exact same rights. I see no difference between an American and someone from another country. This informs my stance on all of US foreign policy. To me, spying on an innocent Iraqi or Chinese citizen is just as morally reprehensible as spying on an innocent American citizen. That being said, not all people feel as I do, and you are right, the legality of it all, unfortunately, hinges on how Americans are affected.

Re: Did Obama Just Destroy the U.S. Internet Industry?

#123
post #40

This is a huge deal. I live in Australia and I have been running businesses on the cloud for the last 3 years or so. I have rarely heard the issue of the PATRIOT Act raised and in spite of there being laws banning the transfer of personal data outside Australia, most people are quite lax about the issue and take the view that the risks are too small to be counted. Those days are most certainly over. This stuff will a…

My latest startup is Efficito (a Limited Company, registered in the UK). The web site is http://www.efficito.com and our servers are all in Europe. We have built the service up with a very careful eye for security (why we are going hosted cloud first, and multi-tenant is still in the works). You have just given me what I think is a very good possibility regarding a marketing message, namely that we are not subject to…

If you're outside of the US, then yes you are not subject to NSA orders. But your data will still be accessed by the NSA, as the NSA won't require an order to read what you've got.

Re: Did Obama Just Destroy the U.S. Internet Industry?

#124
post #104

One of the rather interesting side issues in this whole debate has been how casually the rights of foreigners are tossed aside as secondary to those of american citizens. There is intense debate about whether US citizens rights are being violated, but almost nobody questions whether there's any moral or ethical issue with completely unrestrained spying on everybody else. While I understand that this is largely becaus…

Does anyone know how these companies, et al., actually differentiate US Citizens from Non-US Citizens? I don't remember clicking the "I'm a US Citizen box" on any website.

This is likely the root of the issue, which is that they probably capture all communications, but when they have a foreign target, that is when they actually "look" at the stuff they captured, trying to find stuff "related" to that foreign target.

The NSA at least was supposedly run as a very tight ship (I have no idea now, i have no friends who have worked there recently), so I'm sure they theoretically have really detailed redaction and other procedures meant to keep personal or private info of americans from appearing in reports, but that is not exactly comforting.

Re: Did Obama Just Destroy the U.S. Internet Industry?

#125
post #104

One of the rather interesting side issues in this whole debate has been how casually the rights of foreigners are tossed aside as secondary to those of american citizens. There is intense debate about whether US citizens rights are being violated, but almost nobody questions whether there's any moral or ethical issue with completely unrestrained spying on everybody else. While I understand that this is largely becaus…

Does anyone know how these companies, et al., actually differentiate US Citizens from Non-US Citizens? I don't remember clicking the "I'm a US Citizen box" on any website.

That's what I've been wondering:

- if they aren't targeting specific persons, how do they know what country the person is from & if they (the govt) are violating the law?

- if I'm American living in another country, am I safer from or more likely to be tracked (terrorism aside) Am I being picked up "freely" as someone from outside the country?

- many, many, many similar questions I'm sure you are also asking

I realize these seem rather naive questions, but my first thought on reading Obama's response was, "How can you possibly know what country the person is a citizen of?"

Considering that that was a major part of his defense - "Don't worry, it's only those foreign people we're looking at"- I really think that needs to be a bigger part of the whole discussion.

I think it is quite obviously more bullshit.

Re: Did Obama Just Destroy the U.S. Internet Industry?

#126
post #40

This is a huge deal. I live in Australia and I have been running businesses on the cloud for the last 3 years or so. I have rarely heard the issue of the PATRIOT Act raised and in spite of there being laws banning the transfer of personal data outside Australia, most people are quite lax about the issue and take the view that the risks are too small to be counted. Those days are most certainly over. This stuff will a…

My latest startup is Efficito (a Limited Company, registered in the UK). The web site is http://www.efficito.com and our servers are all in Europe. We have built the service up with a very careful eye for security (why we are going hosted cloud first, and multi-tenant is still in the works). You have just given me what I think is a very good possibility regarding a marketing message, namely that we are not subject to…

"Suppose you do business with an American company that has servers in Australia (for the record we are registered in the UK, not the US), and they get a FISA warrant? Of course they will send the info over"

There's a way out. Those server offshore must be handled by subsidiary. Then the parent company in US does not have the data and they can not also command subsidiary to handle it over.

Re: Did Obama Just Destroy the U.S. Internet Industry?

#127
post #104

One of the rather interesting side issues in this whole debate has been how casually the rights of foreigners are tossed aside as secondary to those of american citizens. There is intense debate about whether US citizens rights are being violated, but almost nobody questions whether there's any moral or ethical issue with completely unrestrained spying on everybody else. While I understand that this is largely becaus…

I can't speak for others, but as far as I am concerned, every person on earth has the exact same rights. I see no difference between an American and someone from another country. This informs my stance on all of US foreign policy. To me, spying on an innocent Iraqi or Chinese citizen is just as morally reprehensible as spying on an innocent American citizen. That being said, not all people feel as I do, and you are r…

At least in most countries, this is just not the way it works, legally.

Every country has different rights for citizens and non-citizens.

For example, the US has held the 4th amendment does not apply to non-citizens who are not "part of the national community" (IE if a bunch of canadians came down and fished every weekend, you could search them however without violating the 4th amendment. If they lived here illegally, you couldn't).

It's not just the US of course, almost all countries are like this (the EU has broader protections for EU citizens than random other people, like US citizens living in the EU).

I don't remember all the details, and i certainly agree with "morally reprehensible", but you are suggesting a "natural rights" based approach, which, while common, but not universal.

Re: Did Obama Just Destroy the U.S. Internet Industry?

#128
post #104

One of the rather interesting side issues in this whole debate has been how casually the rights of foreigners are tossed aside as secondary to those of american citizens. There is intense debate about whether US citizens rights are being violated, but almost nobody questions whether there's any moral or ethical issue with completely unrestrained spying on everybody else. While I understand that this is largely becaus…

I suspect the primary reason we (in the USA) are focusing so much on it is that these are the people appointed, promoted, funded, etc., by people we elected. Some people think that has meaning while many are cynical enough to think that they're all the same under the various masks.

This is a revelation for most people, especially younger people, and they're dealing with the immediate, personal, consequences.

As with the embarrassment created by the second Bush administration, whereby we squandered a great deal of global goodwill after 9/11, we've done a stellar job of undoing the redemption we thought we had gained by electing Obama in 2008.

Many Americans really thought we could be less embarrassed of our leadership with that decision.

The story is still unfolding. Our government will be measured by how it acts out the next few months and how it responds to the inevitable criticism from the rest of the world. As Americans, we will be measured by how we respond to our government.

Re: Did Obama Just Destroy the U.S. Internet Industry?

#129
A minor correction in terminology:

The US Constitution and case law makes no distinction between protections granted to US citizens and foreigners. All are treated equally under the law, and thusly "enjoy" the same "protections."

However, case law has determined that such protections are not granted outside of the US's borders. Thus, an American citizen and a foreigner have equal protection (again, in theory) when inside of US borders - and both are equally unprotected when outside of US borders (it's a bit more complex regarding the 'outside of US borders' part, but that's the general gist).

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