taniwha

Seems that the lobbyists are making much noise. Anyone well versed in EU Privacy Law and who has read and understood the decision of the EUCJ (the last-instance in EU Jurisdiction ... equivalent to the US Supreme Court) will understand that the "Privacy Shield" is a joke and is hignly unlikely to survive a challenge before that court.

Just for those who don't understand the full picture ... The privacy shield is an administrative act by the EU commission ... and the EUCJ has already determined that the EU Commission is subordinate in legal affairs to the EUCJ.

It is also quite likely that the privacy shield may well be challenged or declared invalid by individual national data protection authorities, independently of anything the EU Commission may wish to believe. In addition to its other findings, the EUCJ clearly stated that such administrative decisions of the EU Commission do not impair in any way the rights and obligations of the national data protection authorities to exercise their full statutory independence. Think about that for a moment or two before getting too excited about the Privacy Shield :-) 


It would be very unwise to stake any real hopes that the Privacy Shield will survive ... or any subsequent measure absent meaningful changes to US law. That is the crux of the matter.

Watching this entertaining scrap from another country the positive side is something that hasn't received much attention.

I don't know offhand what percentage of iPhone customers is Offshore from the US, but I believe it is something like 60% and growing.

Most american AI contributors seem to have some awareness of the undesirability of enabling foreign agents and governments to hack the iPhone and get access to loads of juicy data ... that can then be used in a myriad of nefarious situations ... suppressing all opposition, accessing confidential and personal information in ways that are incompatible with the rule of law as touted in the US.

What is missing is the awareness that for the majority of customers, the US government IS a foreign power, and a malicious and dangerous one to boot.

There are currently two legal actions in the spotlight ... the FBI vs Apple in this case, and the longer running scrap between Microsoft ahd the DOJ relating to access to offshore data (in Ireland in this case) by US authorities. In the Microsoft case, it is a particularly ironic fact that the DOJ is attempting to force Microsoft to break EU law .... while at the same time professing to do this in the interests of the rule of law. Delicious !!!

Remember the Boston Tea Party ... "no taxation without representation" ??? Why is it so difficult for Americans to understand that people in other countries are reluctant to allow the US legal system, owned by the 1% and disfigured to the point that it is simply bizarre, to extend its greedy fingers worldwide ... For the same reason that I don't get to vote in the US elections, YOU do not get to vote in the EU ... but still enjoy the fundamental rights and freedoms incorporated in the EU Charter and are equally protected by EU laws when in its geographical domain. The converse is unfortunately not true. I think you get my point here.

But the positive side is clear enough. So far, the take-home lessons are clear.

"The Cloud" is unprotected. Apple has already emphasized that everything from the person involved has already been made available to the FBI.   To customers outside the US, the message is clear ... DONT USE US Cloud services. EVER. And remember that the extensive use of NSL and gagging orders, together with the secret courts, repeated invocations of "National Security" and the vagaries of the US legal system in general mean that you have NO possibilities of knowing exactly what the US government is doing behind the curtains of secrecy and that you have NO possibilities of ever successfully challenging the legality of these actions under US law ... not to speak of challenging them under foreign law.

So as Brad Smith of Microsoft says: if the Government wins on this, it's a K.O for US companies on the international market.

The other posive point is that it is also the death-strike for the IoT.

So I'm enjoying the entertainment of watching the US Government dig its own grave and eternally grateful to Apple for bringing this to an open fight for my rights. Frankly I don't think Apple will win in the long run ... but neither will any of the billions of private, law-abiding and peaceful citizens of countries outside of the US. .. the great majority of the world population. 

And for you Americans ... do you REALLY think that anyone can trust you ? With President Trump ????????

silversquonk said:

Everyone, including Bill Gates, who thinks this is about just one iPhone really should read this article: http://www.zdziarski.com/blog/?p=5645. It explains, clearly and thoughtfully, the legal ramifications of the FBI's request.

Thanks for the link. It's by far the best explanation I have seen so far. It's a MUST READ !!!