[There's a reason that Yoda is the unofficial mascot of SBS. Size indeed matters not.] Is the cloud protected? - THE OFFICIAL BLOG OF THE SBS "DIVA"
Thu, Jul 17 2008 15:06 bradley

Is the cloud protected?

http://www.networkworld.com/news/2008/071608-court-dismisses-case-challenging-warrantless.html?page=1

"By dismissing the suit on procedural grounds, the court left unanswered the question of whether the Fourth Amendment requires the U.S. government to obtain warrants based on reasonable cause before it can compel e-mail service providers to secretly turn over a person's e-mail records. " What does that mean for emails stored in the cloud? Can the government access them without a warrant?

You know in all this cloud talk, one thing that really is still fuzzy is the legality of cloud protection and if warrants and searches can pierce that.

Think about the impact on cloud computing.

(Paranoid thoughts thanks to Ben Yarbrough of Calyptix Security http://www.calyptix.com/ who will be at SMBnation.com this year.. check them out!)

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# re: Is the cloud protected?

Thursday, July 17, 2008 7:12 PM by Vlad Mazek

This is idiotic.

We would never permit authorities access to the data center, to the cage, to the rack much less to the server without a search warrant.

These things are under lock, key, guard and biometric layers of security you know, they don't sit somewhere in the field behind a glass door like 99.9% of offices.

-Vlad

# re: Is the cloud protected?

Thursday, July 17, 2008 8:54 PM by bradley

The realityis that this did not have a warrant and they did not throw out the evidence.  One would have to review the policy of the hoster.  Bottom line don't take it for granted.

# re: Is the cloud protected?

Thursday, July 17, 2008 8:59 PM by indy

So make sure you encrypt everything in the cloud.  Case closed.

# re: Is the cloud protected?

Friday, July 18, 2008 12:31 AM by Ben Yarbrough

I have no idea how the authorities go about obtaining  the information - but it can an expensive and possibly a "confining" experience to obstruct the long arm of the law. There are journalists that can attest to this point in efforts to protect "journalistic sources" - contary to popular opinion there is no actual legal privilege for the identity of sources for journalists under the 1st Amendment.  

The 4th Amendment protects US citizens from unlawful "search and seizure" which now translates into protection of privacy.  The issue resolves on whether there is a legitimate "expectation of privacy" which is invariably fact dependent. An interesting question for the IT professional is whose expectation of privacy matters - and thus yields protection?  Email of an employee at work would typically not give the employee an expectation of privacy. But what about the intrests of the employer?  Which side matters for the "seizure"?  It appears the only one that counts is the "defendent" - so your clients may be out of luck if the matter relates to a crime committed by an individual.

Much case law has shaped this issue in the physical world - cases are on the books dealing with (and setting different rules for) homes, cars, luggage ...even  mobile homes.

For individuals and general employers this matter may not be one of great concern from a practical standpoint. For attorneys, doctors and others who are subject to ethical and legal obligations for confidentiality - this issue is a bit more challenging.  Given that the  world of cloud computing has just gotten started - some might be best advised to wait for more clarity.