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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 opinionated_science on Tuesday January 06 2015, @12:25PM

    by opinionated_science (4031) on Tuesday January 06 2015, @12:25PM (#132202)

    y'know that could read like the next revolutions preamble...from "We hold these truths to be self-evident", to "we really meant it when we said the govt is a tyrant".

    The Govt has stopped caring about appearances, that is why the spying has to be so invasive. As the founding fathers predicted, Govt's can't be trusted....

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