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August 8th, 2011, 15:43 GMT · By

Google Admits Handing over European User Data to US Intelligence Agencies

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Google admits sharing EU data with US government
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Google has admitted complying with requests from US intelligence agencies for data stored in its European data centers, most likely in violation of European Union data protection laws.

Gordon Frazer, Microsoft UK's managing director, made news headlines some weeks ago when he admitted that Microsoft can be compelled to share data with the US government regardless of where it is hosted in the world.

At the center of this problem is the USA PATRIOT ACT, which states that companies incorporated in the United States must hand over data administered by their foreign subsidiaries if requested.

Not only that, but they can be forced to keep quiet about it in order to avoid exposing active investigations and alert those targeted by the probes.

This situation poses a serious problem for companies like Microsoft, Google or Amazon, which offer cloud services around the world, because their subsidiaries must also respect local laws.

For example, European Union legislation requires companies to protect the personal information of EU citizens and this is clearly not something that Microsoft, Google, Amazon, or any of their EU customers can do.

This is not only a theoretical problem. According to German-language magazine WirtschaftsWoche [Google translate], a Google spokesperson confirmed that the company has complied with requests from US intelligence agencies for data stored in its European data centers.

The situation is likely to spark an official inquiry from the European Commission, with some members of the European Parliament already reacting to the stories. It's hard to foresee what kind of solution can be found at this point, but one thing's clear - US-based cloud providers operating in EU can be forced to break the law. European companies and government agencies that are using their services are also in a tough position.

Update August 13, 2011: We have been contacted by a Google spokesperson who wished to clarify that the company did not confirm receiving requests for European data from U.S. intelligence agencies. The original statement was apparently misunderstood by the German publication WirtschaftsWoche.

Of course, this does not mean that the company didn't actually receive or comply with such requests. It just doesn't confirm it. We have requested more clarifications and will post them here when and if we receive them.

Update August 16, 2011: Google has sent us a statement that reads: "As a law abiding company, we comply with valid legal process, and that - as for any US based company - means the data stored outside of the U.S. may be subject to lawful access by the U.S. government.

"That said, we are committed to protecting user privacy when faced with law enforcement requests. We have a long track record of advocating on behalf of user privacy in the face of such requests and we scrutinize requests carefully to ensure that they adhere to both the letter and the spirit of the law before complying."

"In terms of notification, whenever possible, we notify affected users about any requests for user data that may affect them," its spokesperson added.



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READER COMMENTS:


Comment #1 by: Jason Slupski on 09 Aug 2011, 02:09 UTC reply to this comment

AmeriKKKan "Patriot Act". Hitler and Goebbels would feel like fools if they realized what they COULD HAVE gotten away with!

Comment #1.1 by: yup on 11 Aug 2011, 13:07 GMT

ur a retard

Comment #1.2 by: jt on 11 Aug 2011, 18:56 GMT

we know after dr. johnson that patriotism is the last refuge of a scoundrel.maybe you could just rename it the scoundrel's act .cut out the middle man ,so to say.


Comment #2 by: Nik on 10 Aug 2011, 14:22 UTC reply to this comment

The most serious problem with cloud computing is control over your property - your data. Now we know that not only do you lose control over your data, you also hand your house keys to US intelligence services.

Which by the way see it as one of their objectives to "help" US business interests. Any non US corporation would be crazy to use these services.


Comment #3 by: fuendse on 11 Aug 2011, 06:00 UTC reply to this comment

Easy to solve problem. Don't do business with US tech companies. Never entrust them with any information at anytime.

Comment #3.1 by: Yospeck on 11 Aug 2011, 10:16 GMT

Was that posted from your iPhone, Mac or your PC with Microsoft OS?

Yeh, not doing business with US companies... good one.

Comment #3.2 by: thewretched on 11 Aug 2011, 12:13 GMT

This and of course as a user you can easily circumvent any problems by using encryption.

Comment #3.3 by: microstuffed on 11 Aug 2011, 12:19 GMT

You mean live without using Google or Microsoft. Maybe if you can manage it for 6 months I might try copying you.

Comment #3.4 by: ImRoot702 on 11 Aug 2011, 12:21 GMT

As an Privacy loving American, I whole-heartedly support this idea.

Comment #3.5 by: Mikey on 11 Aug 2011, 12:34 GMT

Absolutely. Could there be a huge opportunity here for a European company to compete against Google/Microsoft/Apple?

And it wouldn't be stifled by the patent fiasco or any of the other stupid * that is slowly destroying the American dream.

Comment #3.6 by: Fraize on 11 Aug 2011, 14:04 GMT

Good luck with that.

Comment #3.7 by: Common Sense on 11 Aug 2011, 18:47 GMT

I wouldn't put all US tech companies in the same categories now, people have no choice but to obey the law whether they like it or not. I would blame bush for making this active, instead. This act was created in response to post 9/11. and people had their fears. Google is constantly harassed for things that are usually people's fault.

Comment #3.8 by: ConsumerDataAnalyst on 11 Aug 2011, 19:46 GMT

:D That is why they create the lucrative products...to get us to sell our souls...

Comment #3.9 by: eugene on 12 Aug 2011, 09:09 GMT

Ok
so, don't use internet if you don't want trade with us companies

Comment #3.10 by: Luke Worm on 12 Aug 2011, 09:37 GMT

Don't do business with any American company.
And don't travel to the USA if you want to preserve your personal integrity.

Comment #3.11 by: Reto on 12 Aug 2011, 10:29 GMT

And by the way - it isn't just US companies that have to comply with the US legal system. It is every company that has a significant local representation in the US. So also a Swedish, German, Swiss, Italian etc Service provider that hosts data exclusively in Europe is subject to the Patriot Act and will have to handover data if demanded by the US Government. It isn't wild-west though - it requires quite a lot of legal work on the US side. The amount of legal requests is laid open by the US and it is lower than most other countries and comparable to Germany for example.

Standard Disclaimer: I am the Chief Security Advisor for Microsoft Switzerland and blog at www.retohaeni.net. The opinion expressed here is mine and does not necessarely reflect the opinion of Microsoft.


Comment #4 by: anon on 11 Aug 2011, 07:34 UTC reply to this comment

Which is why we should move away from cloud storage of sensitive data - the good news is, there are already projects working on making it easy to run your own mail, chat, social media, and other services from your own home - see the Debian FreedomBox project for example.


Comment #5 by: Marsell on 11 Aug 2011, 08:53 UTC reply to this comment

The problem is the USA PATRIOT ACT. Get rid of it by voting for proper people.

Comment #5.1 by: Nomino on 26 Aug 2011, 22:22 GMT

Yeah Right! And just who would you be voting for to do that. You vote for the Repubs and they screw you. You vote for the Demos and they let the Repubs screw you. Libertarians? Peace and Freedom? Independents? Commies? Who you gonna vote for that will not make empty promises to get your vote, then tell you to go eat 'cake' upon being elected? All the college kiddies around here was out cheering in the street upon hearing Osama Obama won the vote, saying he was going to wipe out the Patriot Act, bring in universal healthcare, etc. Need I say more?


Comment #6 by: Nick on 11 Aug 2011, 10:40 UTC reply to this comment

Google is evil


Comment #7 by: Bab on 11 Aug 2011, 11:16 UTC reply to this comment

Simply boycott american touch comapnies. ;)


Comment #8 by: WulfCry on 11 Aug 2011, 11:51 UTC reply to this comment

It was said aliens do the anal probing while it where these intelligence services all along.
Internet itself became the treacherous one next to pc operating systems what next smartphones.


Comment #9 by: Julian on 11 Aug 2011, 12:16 UTC reply to this comment

Apparently you can't do business with US companies. The US don't seem to care at all about anything but their own interests. They don't seem to realise there are other sovereign countries in this world. They wish to impose their ways on the entire world. Enough is enough.


Comment #10 by: sherlz on 11 Aug 2011, 12:26 UTC reply to this comment

I think these companies are making bad moves with complying. They would profit more from a better and more free market; i.e. Get the US government out of business and private banks out of the government.

Say the US govt asked Google to hand over some info and they stood up for themselves, well actually for us, and said no! Now suppose the US govt goes after them and the story gets out that Google was trying to protect your privacy and now they're being hassled. I think most people in the world would take more notice of whats going on and tell the govt to * off.

Radical change is needed


Comment #11 by: tino69 on 11 Aug 2011, 12:30 UTC reply to this comment

American technology is used to protect American interests globally - very compelling, isn't it ?


Comment #12 by: angryeuropean1984 on 11 Aug 2011, 12:38 UTC reply to this comment

From now on, every google techie is not just a techie but a foreign spy. Give them 2 weeks to quit their jobs out of fairness and then open the season… lulsec, anonymous: time for Operation street view.


Comment #13 by: dj on 11 Aug 2011, 13:00 UTC reply to this comment

This is a criminal act. CEOs should be in jail and companies should be shut down.


Comment #14 by: skatetdieu on 11 Aug 2011, 13:30 UTC reply to this comment

The problem here is not Google, Microsoft or Amazon. The problem really is the "Patriot" act which is the most intrusive piece of legislature the US has ever adopted.

That is why the US faked 9/11 to create fear in Americans and use this fear to push the Patriot Act telling Americans it was for their own protection.

America needs to stop following politicians with their emotions that they will make everything better and start questioning their actions with logic and reasoning.


Comment #15 by: skatetdieu on 11 Aug 2011, 13:32 UTC reply to this comment

The problem here is not Google, Microsoft or Amazon. The problem really is the "Patriot" act which is the most intrusive piece of legislature the US has ever adopted.

That is why the US faked 9/11 to create fear in Americans and use this fear to push the Patriot Act telling Americans it was for their own protection.

America needs to stop following politicians with their emotions that they will make everything better and start questioning their actions with logic and reasoning.


Comment #16 by: magpie on 11 Aug 2011, 17:51 UTC reply to this comment

And this is why the 'Patriot Act' needs to * die...


Comment #17 by: hélas! on 11 Aug 2011, 18:32 UTC reply to this comment

big * - means the u.s. plutocracy controls even europe...


Comment #18 by: sm on 11 Aug 2011, 19:20 UTC reply to this comment

ATTENTION!

The Bureau of Morality has identified you as A CONSUMER OF DISSIDENT MATERIAL.

This is a one time warning. Any further attempts to view, consume, or distribute un-american content will result in the loss of citizenship increments
and/or the imposition of fines, penalties, or imprisonment.

You have choices. Make the RIGHT ones.

For further information on making good choices, visit http://www.thepriceoftreason.net

--------------------

Bureau of Morality
One Nation Under God


Comment #19 by: Patriot on 11 Aug 2011, 21:15 UTC reply to this comment

O heh so Bye bye google :P


Comment #20 by: bigB on 12 Aug 2011, 08:53 UTC reply to this comment

never forget that big brother is watching you


Comment #21 by: russcelt on 12 Aug 2011, 11:46 UTC reply to this comment

“Government is not reason, it is not eloquence, it is force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action.”


Comment #22 by: Falcon on 13 Aug 2011, 09:44 UTC reply to this comment

Who the * * is US? And intelligence outside Europe? Never!


Comment #23 by: wake up on 30 Aug 2011, 01:02 UTC reply to this comment

it's the internet. you are not safe. ever.


Comment #24 by: mickrussom on 08 Oct 2012, 11:58 UTC reply to this comment

google is part of the world wide police state. they do evil, despite their slogan.

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