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posted by janrinok on Monday January 05 2015, @09:45PM   Printer-friendly
from the make-'em-work-for-it dept.

The natural reaction of many citizens, companies and governments is to try to get their data out of the United States and out of the hands of American companies. The idea is a seductive one, even for Americans. Offshoring money has been a popular strategy for tax avoidance. Why not offshore data to a foreign company?

This offshoring of data to avoid surveillance is not just an idle notion. As a privacy lawyer with experience in the intelligence community and the Obama White House, technology companies have asked me how they might pursue such a strategy. It turns out that shifting user data abroad or into the hands of foreign companies is a very poor way to combat American surveillance.

The Justice Department may put a lot of pressure on Swiss banks, but it doesn’t hack into offshore accounts to recover ill-gotten gains. By contrast, intelligence agencies are not known for scrupulously observing the laws of foreign countries in which they operate, even when (as in the United States) they are subject to a system of domestic legal oversight.

NSA directors have stated quite openly their desire to collect everything American law permits. However, what the law allows the NSA to do varies starkly depending on where data is collected. Under the Foreign Intelligence Surveillance Act, the rules that apply to data collected from a switch, wire, or server in the United States are stricter than the safeguards that apply to data collected overseas.

 
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  • (Score: 2) by frojack on Tuesday January 06 2015, @12:03AM

    by frojack (1554) on Tuesday January 06 2015, @12:03AM (#132038) Journal

    This is spot on.

    Plus, foreign hosting may actually offer more security, not only from the FBI, but also from the NSA, because the very thing the foreign host has to offer is protection from those guys.

    However, the offshore host might not have protection from their own country's three letter agencies. What the NSA can't get for itself, the GCHQ or the Bundesnachrichtendienst can get for them. Repayment in kind. You have to pick your hosting country carefully to find one with anti-snooping laws. And when all is said and done, there probably aren't many with many countries with meaningful protections. The best you can hope for is countries that don't owe big favors to the US.

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  • (Score: 2) by kaszz on Tuesday January 06 2015, @02:55AM

    by kaszz (4211) on Tuesday January 06 2015, @02:55AM (#132085) Journal

    Rig it with a physical self destruction procedure? "can't touch this" ..