The Microsoft Warrant Case: A Response to Orin Kerr

Jennifer Daskal, Just Security,  Friday, September 04, 2015

With less than a week before the Second Circuit considers the dispute between Microsoft and the government over emails stored in Ireland, I thought it worth responding to Orin Kerr’s novel suggestions as to how to understand the case. Over at the Washington Post, Kerr explains why both parties have the analysis all wrong. He then suggests that, under the (erroneous) theory being pursued, the government ought to win. I disagree with both points. First, the framing. Both parties — as well as the district court and magistrate judge — have assumed the case is about the Stored Communications Act (SCA). Does the SCA, or does it not, authorize the government to compel Microsoft to produce data located overseas? Microsoft says no.

How Microsoft's data case could unravel the US tech industry

Zack Whittaker, ZDNet,  Thursday, September 03, 2015

Americans may trust businesses in their own stomping ground. But to the outside world, trust remains a big issue -- in particular, Europe, which has some of the strongest data protection and privacy laws in the world. Simply put: Why would any company, citizen, or even government trust a cloud company if it's subject to the whims of US intelligence?

Global government biometrics spending to reach $122M by 2019

Justin Lee, Biometric Update,  Thursday, September 03, 2015

Technavio has published a new research report titled “Global Biometrics Spending Market in the Government Sector 2015-2019“, which forecasts global biometrics spending in the government sector to grow at a CAGR of more than 14% to reach more than USD $122 million by 2019.

The Case That Has Microsoft, Apple and Amazon Agreeing for Once

Dina Bass, Bloomberg,  Wednesday, September 02, 2015

More than two dozen companies, including Apple Inc. and Cisco Systems Inc., have filed briefs on Microsoft’s behalf in the case, which is about due process and the right to privacy, and money. Internet service providers may be hard-pressed to sell Web-based products if they can’t promise that digital records stowed in foreign countries will be protected by those countries’ laws -- and from unilateral U.S. search-and-seizure missions.

Nationality in the cloud: US clashes with Microsoft over seizing data from abroad

Sam Thielman, The Guardian,  Wednesday, September 02, 2015

Does cloud computing have a nationality? That’s the question posed by Microsoft’s lawyers and the counsel in a closely watched case whose oral arguments begin in Manhattan on Wednesday morning. The case scrutinizes the ability of the US government to seize information outside its own borders. Microsoft and the US government are facing off in the second circuit court of appeals over the tech giant’s continuing refusal to hand over emails related to a narcotics case from a Hotmail account hosted in Ireland in 2013.

Why HIPAA Matters: Medical ID Theft and the Human Cost of Health Privacy+Security Incidents

By Daniel Solove, LinkedIn,  Wednesday, September 02, 2015

For so many healthcare providers, HIPAA is a source of great aggravation. It's difficult. It's boring. It seems to consist of a lot of inconvenient and costly requirements. I believe that these attitudes about HIPAA are due to a failure to educate healthcare professionals about the reasons why HIPAA matters. HIPAA is not about doing all sorts of needless things for their own sake. It is about protecting patients.

FairSearch Response to the 27/08 Google Blog

FairSearch Blog,  Wednesday, September 02, 2015

FairSearch posted a point-by-point rebuttal to Google’s response to the European Commission’s antitrust charge sheet on the group’s blog. The rebuttal argued that the conduct outlined by the EC in its charges “has decimated competition in the comparison shopping market, enabling Google to corner this market and to reduce consumer choice. It has eliminated or marginalised competitors in this market who otherwise would have offered innovations to consumers – as well as lower prices.” It added, “Google and its lawyers misinterpret the law. The SO does not argue an essential facilities case, and it doesn’t need to be an essential facilities case for the European Commission to demand that Google stop placing competitors at a competitive disadvantage.”

Using Student Medical Records: Department of Education Issues New Guidance

Paul Lannon, Holland & Knight,  Wednesday, September 02, 2015

When is it legal and proper for higher education institutions to use student medical records other than for a student's healthcare? In answering that question, institutions have to balance students' privacy interests, including federal rights under the Family Educational Rights and Privacy Act (FERPA), against legitimate institutional needs. Finding the right balance is not always easy, as highlighted by recent well-publicized cases. Too much access may facilitate misuse or discourage students from seeking campus-based medical services, while too little access may deprive an institution of information important to satisfying a legal obligation or responding effectively to a health or safety emergency.

Cisco: “Second Wave” of Cloud Adoption is Here

Michael Keating, Talkin' Cloud,  Tuesday, September 01, 2015

A majority of IT professionals are looking once again to the cloud as a new way to drum up profit-but this time, this “Second Wave” of cloud adoption could come in the form of business innovation as well as revenue increases. According to a new study from Cisco (CSCO) and IDC called “Don’t Get Left Behind: The Business Benefits of Achieving Greater Cloud Adoption,” IDC surveyed more than 3,600 enterprise executives about their current and planned cloud usage, and found that 53 percent of companies expect cloud to drive increased revenue over the next two years.

CSC and friends Amazon and Microsoft score big cloud win

Barb Darrow, Fortune,  Monday, August 31, 2015

Giant systems integrator CSC just logged a major cloud contract from the Federal Aviation Authority that could add up to $1 billion over the next decade. And it did so with help from two public cloud rivals—Amazon Web Services and Microsoft as part of its team. Under the ten-year contract, initially valued at $108 million, the CSC team will “consolidate FAA data centers and migrate FAA data and systems to a hybrid cloud environment [using] the CSC Agility Platform cloud management tool,” according to CSC’s announcement Monday.