tag:blogger.com,1999:blog-8750244306663708036.post5048130937657647116..comments2024-03-28T13:22:19.837-07:00Comments on Pa Rock's Ramble: Big Sister Is ListeningPa Rockhttp://www.blogger.com/profile/16747526882424245608noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-8750244306663708036.post-23395048312799017932016-12-30T07:06:52.285-07:002016-12-30T07:06:52.285-07:00Apple refused government demands to hack an iphone...Apple refused government demands to hack an iphone; an accommodation was later made. Microsoft was, is (?), being held in contempt of court for refusing to turn over data stored in Irish servers. Germany has said it will limit use of data from American firms if the data in Ireland is forcibly disclosed by American courts. Microsoft, IBM, and Intel, have refused to hand over the “family jewels” to China.<br /> <br />We are no longer just dealing with the First and Fourth Amendment tensions between privacy and search warrants. In the global economy we are dealing with International Law, the laws of other nations, treaties, and our own federal statutes.<br /><br />A prosecuting attorney from Arkansas is trained to see this as cut and dried. Amazon’s thing recorded data from a crime scene in Arkansas. “Long arm jurisdiction” of the law and “significant contacts” by Alexa tells the prosecutor that the data must be disclosed. A county’s prosecuting attorney in Arkansas doesn’t have the resources required to litigate the search warrant demands in federal courts and foreign nations. This is a problem.<br /><br />Mind you, these “tech” companies don’t see the data as belonging to the subscribers of their services. It is their data. In the fine print, which hardly anyone ever reads, in the subscription agreement the subscriber gave up all rights to the data. Amazon, like the other companies, considers this information to be their product. What do companies want for their products? They want to be paid. They will argue that they want to protect the privacy of their customers, as stated in the agreements with them. But when does that contractual obligation end and for how long does it continue?<br /> <br />The topic of “What Data is Discoverable” will no doubt be a must-read by the criminal defense bar as the article soon rolls off the press of a distinguished law review from a prestigious law school.<br />Xobekimhttps://www.blogger.com/profile/13973381691719755451noreply@blogger.comtag:blogger.com,1999:blog-8750244306663708036.post-23465435730600747372016-12-29T12:41:29.736-07:002016-12-29T12:41:29.736-07:00...right on Rock...right on......right on Rock...right on...methvenhttps://www.blogger.com/profile/07643432868156603712noreply@blogger.comtag:blogger.com,1999:blog-8750244306663708036.post-71937203051098688562016-12-29T12:35:50.884-07:002016-12-29T12:35:50.884-07:00...right on Rock...right on......right on Rock...right on...methvenhttps://www.blogger.com/profile/07643432868156603712noreply@blogger.com