Ramblings of an old Doc

 

This is why I tell folks that I don’t the “security” of the Cloud… physical or electronic.

According to an article on neowin.net , The Electronic Freedom Foundation filed a brief on behalf of one person (the only person) who wants what he uploaded to Megaupload back. The Government responded with a process so convoluted that it could never work…. from sheer bureaucracy, making hurdles a person or small business would find almost insurmountable.

Clearly, the government has gone through all those files for any excuse to keep possession of it, and has questioned the financial cost of a person trying to get his data back.

So, if a person stored data on a service, even though he is not being investigated or accused of criminal activity, the Government can sift through it? What happened to the Fourth Amendment?

The worst part? The Government now has made the claim that the moment a person uploads data to the cloud, he loses any rights to that data.

So, folks… there’s a lot at stake. It isn’t really about one person’s data.

It’s about:

1. Being very careful about what you upload to any cloud service.

2. A very chilling message being sent to companies in the cloud storage business.

3. A chilling message being sent to businesses which use cloud services.

4. A chilling message being sent to creators of modern OS’s considering the degree to which they integrate with the cloud, and the internet.

So, imho it’s time to make it clear to the government just who owns your data: Get the media onboard very quickly. There’s a limit. The government has exceeded it, and is abrogating its duty to preserve, protect and defend the Constitution.

Source:

http://www.neowin.net/news/us-government-all-your-cloud-data-are-belong-to-us


Comments (Page 1)
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on Nov 02, 2012

Hence why I have always been wary of what I post. Any where.

on Nov 02, 2012

I don´t hold myself back while i browse in forums or the www. i know that you have to see your actions as contract ( every little step you make and every click can be fatal im aware of that after about 17years... But holding myself back not speaking freely is just another step towards a controled system in this case a controled wwweb it never ment to be this way but certain people try to make it that way... 
But i guess there are enough smart people out there that wont support or use things like cloud services or FB
Not giving them the upper hand is important just looking at ACTA ( i feel sorry and ashame that some people blindly voted "yes its needed withhout having any clue what it does" )
Any way Cloud services in any form stay away from it , or before - make yourself clear about what it does 
besides that the cloud isnt that save your data could be stolen opened by third they could get deleted they can be overlooked as doc said and if you uploaded something that has copywrite on it your well guess....
Your files can be hjacked... Data or files you upload can be confiscated... Data or personal information can be used for advertisement YAY 
But thats by far not all...

on Nov 02, 2012

So if I put my stuff in a storage unit, the stuff doesn't belong to me anymore?

 

Bummer.

on Nov 02, 2012

You must first understand the fundamental nature of the "Rule Of Law". Strip away all of the irrelevancies such as the imposing buildings, the polished wood dais, the black robes and icons, the pomp and circumstance and the dusty volumes of incoherent law books. What is left is the real nature of the "Rule Of Law": the will of one imposed upon another through the use of force or coercion. Notice that this definition says nothing about the concepts of fair/unfair, good/evil or innocence/guilt. The "Rule Of Law" is all about power and control. This definition is applicable to civil, criminal, military, social and religious venues.

All levels of any government will use the resources at their disposal to ensure that they remain in power and control their subjects. This is why the "Occupy" demonstrations failed in the USA because the various government agencies used the law enforcement agencies to maintain power and control over the demonstrators. The USA citizens have watched the steady erosion of the Constitution by all levels of USA government in the battle against terrorism and media piracy.

Just as the colonialists fought a bloody revolution to establish the Constitution of the United States, so another bloody revolution may be necessary to push back the political powers that seek to limit and control our existence.

on Nov 02, 2012

You must first understand the fundamental nature of the "Rule Of Law". Strip away all of the irrelevancies such as the imposing buildings, the polished wood dais, the black robes and icons, the pomp and circumstance and the dusty volumes of incoherent law books. What is left is the real nature of the "Rule Of Law": the will of one imposed upon another through the use of force or coercion. Notice that this definition says nothing about the concepts of fair/unfair, good/evil or innocence/guilt. The "Rule Of Law" is all about power and control. This definition is applicable to civil, criminal, military, social and religious venues.

All levels of any government will use the resources at their disposal to ensure that they remain in power and control their subjects. This is why the "Occupy" demonstrations failed in the USA because the various government agencies used the law enforcement agencies to maintain power and control over the demonstrators. The USA citizens have watched the steady erosion of the Constitution by all levels of USA government in the battle against terrorism and media piracy.

Just as the colonialists fought a bloody revolution to establish the Constitution of the United States, so another bloody revolution may be necessary to push back the political powers that seek to limit and control our existence.

 

This post almost smells like Rothbardian Libertarianism. (Which I see as idealist nonsense) I agree with the second paragraph though. 

on Nov 02, 2012

Wow...didn't see that one coming...

OH WAIT!!! I DID!

on Nov 02, 2012

GFireflyE
Wow...didn't see that one coming...

OH WAIT!!! I DID!

Yeah, whoda thunk casting all your data into the internet winds could come back to bite ya?  

Even the name "Cloud" tells you it is a vaporous, unstable, non-permanent place to be. It may be a nice place to visit but I wouldn't want my information to live there.

on Nov 02, 2012

I think the real question the law will have to settle about the internet is this: Is the internet a public space or not? If it is a public space, then you have no expectation of privacy, from the government or anyone else. If it is not a public space, then the website owners have full control over who uses their service, the data they collect, and so on, with few rights to the user. Or it could be a mix of both, as in the real world.

on Nov 02, 2012

Microsoft and other publishers have no qualms at all about asserting ownership over your computer's hardware, so its not as though your data is safe on your computer.  I'm not sure why so many consider the government as tyrannical but its okay for corporations to own you.

on Nov 02, 2012

Simple solution... NEVER use cloud services, ANYWHERE!

on Nov 02, 2012

Wizard1956
Yeah, whoda thunk casting all your data into the internet winds could come back to bite ya?

Wiz... You buy storage and if used within TOS and the law, are entitled to a reasonable expectation of privacy. After all, you are paying for the storage, and per Technet:

http://blogs.technet.com/b/privacyimperative/archive/2011/11/29/skydrive-everything-on-skydrive-that-you-upload-is-private-until-you-tell-us-otherwise.aspx

There are sophisticated screening methods used on your upload, however. This is (they say) to ensure no issues like child pornography (the example used in another blog about it).

If a hacker succeeds in stealing data, that's not the same as the DoJ walking into court and claiming what you upload is not yours. In the case of pirated images, software, etc. they might be correct. However, if you upload family pictures, installers... they are not.

You were given the Fourth Amendment which states that without a proper court ordered search warrant (except in "plain sight" issues), you and your property may not be seized or searched.

The government does NOT have the right to sift through everything to find what it considers a law breaker or illegal. If it did, then racial profiling, etc. would be legal. It is not. 

 

on Nov 02, 2012

There is an exception for if a private citizen looks through your stuff, legally or illegally, and then alerts the government to it being illegal - the government can then go search, because they have probable cause to search for those illegal things.

 

Hence, if the site you upload to screens things, then a private, non-government entity is searching it - if illegal things are found by them, it is not illegal for the government to search behind them.

on Nov 02, 2012

Cloud storage is an invention of the internet era, and a faddy one with a grey area a mile wide.  Private data should not be stored on some server somewhere.  By treating it so carelessly and without having a backup you might as well have thrown it away.

I blame the teachers and the parents for not educating people to know better than to trust some third party or even the government with your data.  You might as well hand out photocopies of your birth certificate at the train station while you're at it.

on Nov 02, 2012

I am sorry to say that the government response does not surprise me.

on Nov 02, 2012

MarvinKosh
Cloud storage is an invention of the internet era, and a faddy one with a grey area a mile wide.  Private data should not be stored on some server somewhere.  By treating it so carelessly and without having a backup you might as well have thrown it away.

I blame the teachers and the parents for not educating people to know better than to trust some third party or even the government with your data.  You might as well hand out photocopies of your birth certificate at the train station while you're at it.

+1

"you might as well have thrown it away." or given it to your worst enemy.

A reasonable expectation of privacy depends on who is defining  "reasonable" and "privacy"

20-30 years ago we would have cried foul, cursed big brother, and been up in arms if someone proposed dozens or even hundreds of cameras being placed on the streets and sidewalks in almost every major city in America for whatever reason.... with facial recognition, no less.  They are there now along with good old Google, watching our every move.  Carry a cell phone? You can be located to within 3 feet of your position.

 When did all this become a good thing?  There is no right to say "no, I don't want to be filmed, watched or tracked by whomever" That would be an unreasonable expectation of privacy by modern standards.

 We accept this now like sheep because we have been told it is in the interest of our own saftey and security. Privacy? What a quaint old-fashioned notion. It (and the Forth Amendment) have been sacrificed for our own good.

Why would anyone be shocked that the internet would take the same path?

 

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