
A New Lawsuit from Microsoft: No More Gag Orders: A Legal Analysis - hackuser
https://www.justsecurity.org/30583/challenge-microsoft-gag-orders/
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mirimir
Modest proposal: Firms ought to refuse to do business in jurisdictions that do
this authoritarian shit. Seriously. As it is, nobody in their right mind will
do business with US firms where privacy matters. Maybe Apple, Google,
Microsoft etc should just leave. Build a fucking island. Get a decent
military. Isn't it about time?

~~~
jmspring
Reactionary and lacking any semblance of possible reality.

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nickpsecurity
There's companies doing it right now. On islands, too. More are going to
places like Switzerland where lawful intercept might still be an issue but the
implementation is _way_ better than here. Also, it helps to operate in
countries where the government doesn't see their own citizens and businesses
as perpetual targets or subversives. Way less risk.

~~~
jmspring
Do you have an example of a multinational firm, let's say, 1/10th the size of
microsoft doing such and where they don't rely on a large amount of business
from the US?

I'm not being flip, but, in technology, outside of China, when it comes to
things internet, most of the companies are either US based or have a US
subsidiary.

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jmspring
Both examples above still "do business in the US".

Are there large scale examples following the original proposal of "Firms ought
to refuse to do business in jurisdictions that do this authoritarian shit.
Seriously. As it is, nobody in their right mind will do business with US firms
where privacy matters."

Sure there are assorted pre/post snowden terms, etc. But, businesses,
especially multinationals, are still going to do business in the US. That was
my point.

I find it helpful that given the shitacular privacy laws in the US, at least
Apple and Microsoft are being proactive about taking steps.

That said, due to family relations, I hear a lot about european data privacy,
but, well, countries like German and Britain have a pretty cozy relationship
with US equivalents.

~~~
nickpsecurity
"Sure there are assorted pre/post snowden terms, etc. But, businesses,
especially multinationals, are still going to do business in the US. That was
my point"

Oh OK. That's a lesser point that doesn't concern me as much. Our concern is
if the U.S. _controls_ the security of their products. Merely selling them in
the U.S. doesn't allow for that. If anything, they'd compromise a specific
user or product for U.S. targets. This is why the NSA has to hack them whereas
they can just get the FBI to compel the local firms to "SIGINT enable" the
products as the ECI leaks said.

Far as totally outside U.S., there's Asian firms that do that. One guy that
taught me a lot about HW security said his company straight-up refuses to do
business in the U.S. due to patent suits and other issues. He told me there's
plenty of market in Asia and Europe for firms that sell hardware or license
I.P.. So, I know at least one does it.

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bitwize
Here's your legal analysis:

Government: Your Honor, we move to dismiss on the grounds that complying with
Microsoft's demands would require disclosure of information critical to
national security.

Judge: Motion to dismiss granted.

The deep state plays by its own rules.

~~~
2bitencryption
But luckily, due to separation of powers, that probably won't happen. The
model (sometimes) works!

