[Fredslist] US Government's legal arguement on CLOUD Files

Mon Nov 5 15:17:29 EST 2012

Danny,

      Per their arguement, ANY/ALL cloud providers face the same risk.

      Remember, according to the DOJ, placing unauthorized GPS 
trackers was valid.  When the courts ruled that illegal, they grabbed 
cellular location and metadata - which WAS deemed legal.

      Last week, the courts ruled that 24/7 monitoring, thermal 
imaging and overhead viewing using drones and cameras in 
non-curtillage areas is perfectly legal.

      Once this argument takes hold, the legal standard (until 
overturned by the Supreme Court or via an act of congress) will mean 
that any files stored online will be considered fair game.

      The right approach would be for 
Google/Amazon/Apple/Microsoft/Rackspace to fight this ruling.

      But doing that would cut into their Government sales contracts, 
and tie their hands.

      Just remember that BOTH Amazon and APPLE consider it their right 
to remotely delete or wipe files on your kindle's and 
ipods/iphones/ipads.

      And finally, megaupload was only illegal in the US. it WAS (and 
still Is) legal in New Zealand.  The FBI broke NZ laws and illegally 
grabbed this data.

      By that definition, Facebook is illegal in most muslim 
countries.
      Google Apps is illegal in China.
      Facebook/Amazon/Rackspace/ATT/Microsoft/Google are in violation 
of the EU Human Rights acts/data privacy laws.

      So, which provider is illegal?  In WHICH jurisdiction?

      And users should check the laws how often - daily?  weekly?  
annually?

--Raj

Rajesh Goel, CISSP
cell (917) 685-7731
CTO: Brainlink International, Inc.
raj at brainlink.com
www.brainlink.com
www.linkedin.com/in/rajgoel
www.rajgoel.com

You run your business, and leave the IT to us.

Author of "The Most Important Secrets To Getting Great Results From 
IT"

> --- Original message ---
> Subject: Re: [Fredslist] US Government's legal arguement on CLOUD 
> Files
> From: Danny Mizrahi <dm at contangoit.com>
> To: "Raj Goel, CISSP" <raj at brainlink.com>
> Cc: Freds List <fredslist at gothamnetworking.com>
> Date: Monday, 05/11/2012  3:08 PM
>
> So don't put your files with a company like "megaupload" (see here for 
> why: http://megaupload.com).   They were criminals.  That wasn't a 
> real company.  There were copyright infringement animals.  If 
> "Goodwin" was stupid enough to put all his data with a company that 
> was OBVIOUSLY breaking the law in the most severe ways, then he 
> doesn't deserve his files back.  So the moral of the story is to make 
> sure you know who's cloud you're dealing with.  That's like saying if 
> you put your files with the Taliban, expect them to not be given back. 
>  Yes, your files will be gone if you give them to the Taliban and the 
> Taliban gets killed or goes to jail.  Good luck getting your files 
> back.
>
> Good thing our clients are with Rackspace, Amazon and Google.  We have 
> about 140 clients, and not one of them experienced one second of 
> downtime to their email.  We're very proud of that.  Physical servers 
> were shut down, Cloud Servers stayed up.
>
> Look at this list of companies that use Amazon's cloud, including 
> Netflix, Pinterest, Ericsson, Lionsgate, Nasdaq, PBS, Spotify, Yelp, 
> IMDB, NYU School of Medicine, Pfizer, Ticketmaster, Unilever, 
> Lamgorghini, and many more.
>
>
> Look at this list of companies that use Google Apps, including United 
> States General Services Administration, Yale, Brown University, Heinz, 
> National Geographic, Orbitz, US Holocaust Museum, United Bank and 
> Trust, and many more.
>
>
> Look at this list of companies that use Rackspace: ~40% of the Fortune 
> 100!, Living Social, Bluetooth, Mazda, Domino's, Six Flags, and many 
> more.
>
>
> You're telling me all of these companies are being fooled, and their 
> data isn't secure?  All of these companies just lost ALL of the rights 
> to their data?  No wayyyyyy.
>
> With love, hugs n kisses,
>
>
>
> Danny
> Danny Mizrahi
>
> p:  (212) 737-0608
> m: (516) 606-4326
> f:   (877) 737-2282
> www.contangoit.com
>
>
>
> On Mon, Nov 5, 2012 at 8:31 AM, Raj Goel, CISSP <raj at brainlink.com> 
> wrote:
>>
>>
>> Gothamites,
>>
>>            If you are using the cloud, or planning to, you may want 
>> you read this - 
>> http://www.theregister.co.uk/2012/11/04/eff_feds_goodwin_megaupload/
>>
>> The government arguments are that Goodwin cannot demonstrate any 
>> “ownership” over the servers, since he merely paid for a service. 
>> Moreover, while conceding that Goodwin might have the right to assert 
>> his copyright, that is “not sufficient to establish that he has an 
>> ownership interest in the property that is the subject of his motion 
>> – the copies of his data, if any, which remain on Carpathia’s 
>> servers”
>>
>>
>> The DOJ is arguing that once you upload files to a 3rd party, you 
>> renounce all ownership to them.
>>
>>
>>
>>
>> --Raj
>>
>> Rajesh Goel, CISSP
>> cell (917) 685-7731
>> CTO: Brainlink International, Inc.
>> raj at brainlink.com
>> www.brainlink.com
>> www.linkedin.com/in/rajgoel
>> www.rajgoel.com
>>
>> You run your business, and leave the IT to us.
>>
>> Author of "The Most Important Secrets To Getting Great Results From 
>> IT"
>>
>>
>> _______________________________________________
>> Fredslist mailing list
>> Fredslist at gothamnetworking.com
>

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