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

Mon Nov 5 15:28:54 EST 2012

Love it!!!  Thanks Raj.  Great stuff.  Interesting topic and looking
forward to seeing the results.  Here's more explanation and links in case
anyone is interested:
https://www.eff.org/deeplinks/2012/10/governments-attack-cloud-computing

My point was (still is) that all of those companies I listed, did not just
lose the rights to all their data.  Common sense says otherwise.  Lionsgate
and Netflix didn't lose all their movies.  National Geographic didn't lose
their images, etc, etc.  Honest businesses have nothing to worry about.
 Businesses that break laws, do and should be worried about putting their
data elsewhere.

...and Facebook should be illegal everywhere!!

 Danny Mizrahi

 p:  (212) 737-0608
 m: (516) 606-4326
 f:   (877) 737-2282
 www.contangoit.com

On Mon, Nov 5, 2012 at 3:17 PM, Raj Goel, CISSP <raj at brainlink.com> wrote:

>  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://megauploa**d.co <http://megaupload.com/>m).   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<http://aws.amazon.com/solutions/case-studies/>,
> 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<http://www.google.com/apps/intl/en/customers/index.html#tab0>,
> 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<http://www.rackspace.com/managed_hosting/support/customers/>:
> ~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
> [ Image ]
>
>  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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