On 12/1/2012 1:28 PM, Anne P. Mitchell, Esq. wrote:
Thanks Anne. Laws in virtually every state (U.S.) & country are different - yes? I think I understand what you said, but not sure why it'd be so (in U.S.) In a situation that LEAs SAY they suspect a crime, one's personal data (say, credit card info / transactions) stored on "3rd party servers" - (say, Amazon.com) is not protected in any shape form or fashion, from Boss Hogg (aka, an LEA) saying, Amazon - I want Daisy Duke's credit card info. I don't have a warrant, but give it to me, anyway. And Amazon has to say, "Sure,"... because of why??Please also keep in mind, if it's relevant, that *no warrant* is required for data that is stored by a third-party. Data on a server, TOR or otherwise, would by definition be data that is stored by a third party. Which means that if there is a person of interest (POI), it would not be terribly hard to get at personal information about the POI that is not on their own private machines. (Here is an article we wrote about that: http://www.theinternetpatrol.com/no-warrant-necessary-for-law-enforcement-to-access-data-stored-in-the-cloud/ ) Is a lawyer, but hasn't been following this thread. That said, if there are specific questions, I'd be happy to answer them if I can. Anne Anne P. Mitchell, Esq CEO/President Institute for Social Internet Public Policy http://www.ISIPP.com Member, Cal. Bar Cyberspace Law Committee
Any business like that storing info would be a 3rd party server - yes? So no LEA would ever need warrants to get financial / purchase transactions, email, ISP browsing records - ad nauseum, Habeas Corpus, defacto, oreo. Because it's your info, NOT stored on your personal equipment. Is that correct?
Doctors storing patients' medical info, for back up purposes, off site, would be storing it on a 3rd party server. So, does it become public information?
Or at least Deputy Fife could walk into the back up storage facility & say, I want medical records on a guy that's been sniffing around Thelma Lou, cause he ran a stop sign. And they must give it to him w/o a warrant? I think we must have skipped over a few details.
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