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The Feds Demand Microsoft Hand Over Foreign Emails and Info

Discussion in 'BlackHat Lounge' started by The Scarlet Pimp, Nov 18, 2014.

  1. The Scarlet Pimp

    The Scarlet Pimp Senior Member

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    more reason not rely on their services! :cow04:

    Federal Court Rules Microsoft Must Disclose Overseas Customer Data

    The US District Court for the Southern District of New York on Thursday upheld a magistrate judge's ruling requiring Microsoft to turn over customers' emails and other account information. Microsoft had objected to the application of US search warrants to information stored in its overseas data centers on the grounds that US law does not apply in Ireland, where the data center in question is located.

    Judge Loretta A. Preska rejected that argument, finding that the issue is "a question of control, not a question of the location of that information." Microsoft, along with other technology companies, have sought to prevent federal prosecutors from accessing overseas customer data.

    This ruling could affect those efforts as well as plans to offer cloud computing services overseas. The court's ruling was stayed pending an appeal by Microsoft.

    Microsoft has been involved in various legal battles over the past few years. In October 2013 the US Court of Appeals for the Federal Circuit held that the International Trade Commission (ITC) erred in finding that Motorola Mobility, a branch of Google, did not infringe a Microsoft graphical interface patent.

    In September 2013 Microsoft was joined by Yahoo and Google in an attempt to publish a transparency report which would detail all government data requests during a certain time period. In July 2013 Microsoft filed a lawsuit against US Customs officials accusing them of refusing to follow an import ban issued in May 2012 against Google by the ITC regarding the above mentioned Motorola Mobility patent infringement.

    In February 2013 US District Court Judge James Robart restricted the patent lawsuit by Motorola Mobility against Microsoft, holding that certain parts of three different Motorola patents were not valid.

    http://jurist.org/paperchase/2014/0...t-turn-over-customer-data-stored-overseas.php
     
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  2. concourse

    concourse BANNED BANNED

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    We shouldn't be satisfied with this outcome, but Microsoft deserves some credit for fighting the government in court rather than just bending over for Uncle Sam. Unfortunately, this decision will set a precedent that will provide the US government additional leverage against any and all of Microsoft's US based competitors. So it won't make much of a difference whether you use Microsoft, Yahoo, Google or Apple. They're all subject to US law!
     
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  3. ItsBlinkHere

    ItsBlinkHere Regular Member

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    I'm glad I quit using microsoft products a few years ago.
     
  4. Capo Dei Capi

    Capo Dei Capi Power Member

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    Between this and many elected officals calling for the end to net neutrality, the U.S. is becoming an anti-business country fast. Within 2 decades I wouldn't be suprised if there was no more major tech companies based in America.
     
  5. LostConnection

    LostConnection Senior Member

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    Unfortunately this does mean the government can use the now made decision to argue future cases against other companies, which makes it a lot more difficult for them to fight back.
     
  6. concourse

    concourse BANNED BANNED

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    America's anti-business climate isn't just affecting tech companies, it's affecting businesses big and small in all sectors. A number of firms are relocating themselves, or profitable units and assets (e.g. intellectual property) overseas. Apple's holdings in Ireland is one well known example. Issue is that the US government's reach is so pervasive, even if all of these firms' corporate headquarters relocate elsewhere, they'll remain vulnerable to US laws so long as they want to do business in the US or with US customers.
     
  7. Capo Dei Capi

    Capo Dei Capi Power Member

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    For physical products,they could end up using a third party to distribute their products as a possible loophole.
     
  8. cburton81

    cburton81 Elite Member

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    Wow I'm not surprised by this at all. At least Microsoft has and is putting up a fight.
     
  9. JustUs

    JustUs Power Member

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    1. Old news.
    2. M$ will and is appealing.
    3. US District court is not the final say.
     
  10. HoNeYBiRD

    HoNeYBiRD Jr. VIP Jr. VIP

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  11. Aty

    Aty Jr. VIP Jr. VIP

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  12. Trepanated

    Trepanated Supreme Member

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    Apple's reasons for having offshore (and particularly Irish) holdings is to avoid corporation tax, not because of any anti-business climate in the US.

    By doing so, they save multiple billions in tax every year - taxes that other companies do pay.

    Arguably it's the huge corporations that are anti-business, as their questionable tax avoidance practises have major ramifications in their home countries.

    For example, if companies like Apple, Facebook and Google paid their fair share, it could mean a reduction in business tax for everyone else, which would have a positive impact on business, the economy and employment.
     
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  13. thezeebase

    thezeebase Junior Member

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    Microsoft is going down .... its bad time starts from its product vista :)
     
  14. Capo Dei Capi

    Capo Dei Capi Power Member

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    But their current home country rips them off, why does America charge companies as much as 35% yet countries in Europe charge as low as 10%(Bulgaria).
     
  15. Trepanated

    Trepanated Supreme Member

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    Yes, that's a fair point.

    The only way to solve the problem is to have multilateral international taxation agreements.

    Not even that actually, something simple like not allowing companies to show their profits in countries where they do little or no business would put an end to the worst offenders.

    It does make me laugh here in the UK that there is uproar from governments when companies move their profits outside the UK to save tax, and yet at the same time they try to attract international companies to the country with favourable tax regimes.
     
  16. Capo Dei Capi

    Capo Dei Capi Power Member

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    But they are doing alot of business in countries like Ireland its just accounting business.
     
  17. Grizzy

    Grizzy Senior Member

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    Yea but a total of zero of the world's largest corporations come from places like Bulgaria. If we just look at the top information technology companies they all come from countries that have relatively high corporate tax rates.

    Tech giants like Apple do nothing but benefit from the quality public infrastructure and education systems provided in these countries and then they decide to ditch out on paying their fair share when they get really big. F*k 'em.

    The effective US corporate tax rate was like 50% after WWII. Over the decades it has done nothing but go down because of use of tax shelters. Apple thrived and became the world's largest publicly traded company under an even higher effective tax rate, so it really can't be that hostile of a business environment.
     
  18. Capo Dei Capi

    Capo Dei Capi Power Member

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    Bulgaria only lowered it a few years ago to attract business and they have been gaining a large amount of Businesses from Greece and Romania. And until recently their Internet was total crap even in major cities. Now the Internet is among the best in the world without any caps. Most ISP's in America have not only a slow internet speed but even with a decent speed the cap is a joke at 250GB for most plans, even the best plans are only 500GB. One can supplement their formal education much better in Bulgaria than they can in America.
     
  19. concourse

    concourse BANNED BANNED

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    Perhaps there was some confusion, but excessive or even merely uncompetitive tax rates, corporate or otherwise, is normally and implicitly the principal component of any anti-business climate.

    "Fair share" is a rather vague if not arbitrary concept.
     
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  20. In India the cap is 2 - 5 GB. :lmao: