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  • Microsoft's Patriot Act admission has the EU up in arms

    by 
    Amar Toor
    Amar Toor
    07.06.2011

    Last week, Microsoft quietly confirmed that cloud data stored on its European servers can still be handed over to American investigators -- and the EU is none too pleased about it. As it turns out, the revelation has shed new light on a fundamental conflict between US law and the EU's Data Protection Directive -- an edict requiring that companies notify consumers whenever sharing their personal information. The bi-lateral Safe Harbor agreement calls for similarly strict protocol, but under the Patriot Act (which trumps all else), companies like Microsoft could be forced to hand over private data without informing targeted individuals. In response, some members of the European Parliament are calling upon legislators to take action and to implement safeguards that can't be overridden by third-party governments. It remains to be seen whether or not this leads to any new laws or transatlantic tensions, but if we've learned anything, it's that Europeans take their clouds very seriously.

  • Microsoft: European cloud data may not be immune to the Patriot Act

    by 
    Amar Toor
    Amar Toor
    06.30.2011

    If you thought you could evade US intelligence by moving to Europe and storing your dirty little secrets in Microsoft's cloud service, guess again. During this week's launch of Office 365, Gordon Frazer, managing director of Microsoft UK, admitted for the first time that cloud data stored at European datacenters could still be handed over to American officials, as outlined by US law. When asked whether Microsoft could guarantee that its EU-stored data would never leave the continent (even if requested under the Patriot Act), Frazer replied: "Microsoft cannot provide those guarantees. Neither can any other company." Because the company's headquarters are in the US, it's obligated to adhere to American laws, meaning that any of the data stored on its servers is fair game for authorities to seize and inspect. Frazer insisted that targeted users "would be informed whenever possible," but claimed that neither Microsoft nor any other US company can guarantee advanced notification. Bottom line: you're better off hiding those nefarious files the old fashioned way -- in an offshore safe deposit box.