Cloud / 4th amendment (was Re: OT: Buying new Server with SCO 5.07 installed - Where)

[Kenneth Brody]

On 1/24/2012 11:10 AM, Jay Ashworth wrote:
[...]
> And more to the point, a federal circuit court -- no, I don't have the
> citation handy -- has decided that the Fourth Amendment does *not* protect
> you from having data seized when it's in the hands of a cloud services
> provider.  Whether it's possible to meet PCI or HIPAA, I'm not clear on.

Are you sure you're not thinking of "U.S. vs. Warschack" where the Sixth 
Circuit Court of Appeals ruled that e-mail stored with commercial Internet 
service providers has the same Fourth Amendment protection and expectation 
of privacy as letters transmitted through the US Postal Service and phone calls.

Of course, things aren't always so simple:

 
http://arstechnica.com/tech-policy/news/2010/04/the-cloud-and-the-future-of-the-fourth-amendment.ars

-- 
Kenneth Brody