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Potential Consequences of NSA spying to Ireland / Europe

  • 10-01-2014 3:56am
    #1
    Registered Users Posts: 43


    NSA and many other three letter agencies have been using US companies based in Ireland (and Europe), in order to collect data illegally. This discredits Ireland as a democratic, lawful and independent state, and demonstrates a highly degraded (or non-monitored) level of IT Security.

    So my question is: Since US is -to a degree- affected by their own actions, how likely is it that Ireland and Europe will also face troubles? (e.g. investors prefering a PRISM-free country or service provider, against a PRISM-owned one).


«1

Comments

  • Moderators, Technology & Internet Moderators Posts: 37,485 Mod ✭✭✭✭Khannie


    Well, I think US companies offering data services (think Google, Amazon) who are based in Ireland are going to suffer financially. I now just assume that my google docs, emails, amazon AWS servers, etc. are compromised. Sure you'd be mad not to.

    I think if you were a big company using google for email, you'd be inclined to bring that back in house. I know some south american countries have voiced their choice to not use US based companies because of the whole PRISM scandal.

    That may have knock on effects with regard to job creation here.

    On the flip side though, non-US companies being used more frequently may be good news for a tech-centric nation like ours.


  • Registered Users Posts: 1,771 ✭✭✭Dude111


    Im sorry you guys are having your private lives invaded by these clowns......


  • Closed Accounts Posts: 18,969 ✭✭✭✭syklops


    bd0101 wrote: »
    NSA and many other three letter agencies have been using US companies based in Ireland (and Europe), in order to collect data illegally. This discredits Ireland as a democratic, lawful and independent state, and demonstrates a highly degraded (or non-monitored) level of IT Security.

    So my question is: Since US is -to a degree- affected by their own actions, how likely is it that Ireland and Europe will also face troubles? (e.g. investors prefering a PRISM-free country or service provider, against a PRISM-owned one).

    What does a PRISM free country look like? If Ireland, an english speaking neutral country on the edge of western europe is no longer attractive due to PRISM, where would be attractive?

    And I dont think the PRISM revelations discredit irish democracy. Why would it?


  • Moderators, Society & Culture Moderators Posts: 9,659 Mod ✭✭✭✭Manach


    The issue on how legal the NSA type surveillance is within a European context would need to take into account the various EU directives (of which there are a few) on tech matters such as Data Protection and Privacy. AFAIK there are not secret courts that would allow the tapping of data, but there is usual sufficient wordings on the protection legislation that is enacted to allow escape clauses in the interests of national security.


  • Registered Users Posts: 43 bd0101


    syklops wrote: »
    What does a PRISM free country look like? If Ireland, an english speaking neutral country on the edge of western europe is no longer attractive due to PRISM, where would be attractive?

    And I dont think the PRISM revelations discredit irish democracy. Why would it?

    A PRISM-free country does not engage, assist, or allow snooping of its citizens. Ireland may be neutral, but being a hub for many US-companies and not having a storm over their heads tells something.

    Democracy is discredited whenever basic human rights -such as privacy is- are violated.

    It does not have to be imprisonment to feel restricted as a personality; when having an all state monitored life can achieve so much more.


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  • Registered Users Posts: 43 bd0101


    Manach wrote: »
    The issue on how legal the NSA type surveillance is within a European context would need to take into account the various EU directives (of which there are a few) on tech matters such as Data Protection and Privacy. AFAIK there are not secret courts that would allow the tapping of data, but there is usual sufficient wordings on the protection legislation that is enacted to allow escape clauses in the interests of national security.

    I could not agree more. We need uomo-centric driven laws, with meaning and clarity. No misinterpretations, No amnesty on US-data gathering!


  • Registered Users Posts: 43 bd0101


    Khannie wrote: »
    Well, I think US companies offering data services (think Google, Amazon) who are based in Ireland are going to suffer financially. I now just assume that my google docs, emails, amazon AWS servers, etc. are compromised. Sure you'd be mad not to.

    I think if you were a big company using google for email, you'd be inclined to bring that back in house. I know some south american countries have voiced their choice to not use US based companies because of the whole PRISM scandal.

    I have personally moved all my data back to a trusted provider, which does not reside to either of the intelligence alliance of five eyes.. Australia, Canada, New Zealand, UK and USA

    These five eyes have seen enough, it is time to blindfold them!


  • Registered Users Posts: 43 bd0101


    No matter how many are the eyes that see - Europe (Ireland maybe?) should make a start and *blind* them all!

    EU must review and revise the cooperation with US companies, impose stricter privacy requirements, and protect its citizens. If something had been shown from the Snowden case, is that US companies have very strong connections with NSA - involved in electronic espionage by the US services.

    This must end - it is on every single persons responsibility to help this stop - why not go with boycott?


  • Registered Users Posts: 43 bd0101


    theguardian.com/technology/2014/apr/29/us-court-microsoft-personal-data-emails-irish-server

    Reading this article makes a very good point on this thread .. makes one wonder - would the reverse ever happen? An Irish court order being executed over the US? I seriously doubt. It is time that Europe and Ireland specifically show some "muscle" and protect its citizens! Until then, it is on our hands to .. keep hands off any company that disrespects our right to privacy.


  • Closed Accounts Posts: 1,260 ✭✭✭Rucking_Fetard


    This is back in Court on the 31st.

    I'm actually curious why this is on going at all reading the PDF at the end of that^^^
    The senior counsel for the Irish Supreme Court wrote in a recent filing that a US-Ireland "Mutual Legal Assistance Treaty" was the "efficient" avenue (PDF) for the US government to obtain the e-mail held on Microsoft's external servers.

    Seems Ireland-US have well established ways (Mutual Legal Assistance Treaty) for just this sort of thing.

    As long as Irish Sovereignty or Security is not Prejudiced, then refusal is very uncommon.


    Edit: Irish Sovereignty or Security...lol, Shannon Airport.

    http://www.shannonwatch.org/page/military-use-shannon-airport
    US military use of Shannon puts Ireland ‘at risk’, says TD Clare Daly
    Beyond the Law: the US Military at Shannon Airport

    KittenSoft T-Roll


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  • Registered Users Posts: 11,205 ✭✭✭✭hmmm


    bd0101 wrote: »
    This discredits Ireland as a democratic, lawful and independent state, and demonstrates a highly degraded (or non-monitored) level of IT Security.
    That's some stretch. The NSA is by far the most capable and powerful electronic monitoring service in the world, and there isn't a country capable of successfully defeating them, let alone Ireland (even if "we" tried).

    This whole PRISM thing is ridiculously overblown. The Russians, Chinese, British, French, Israelis, Germans are all doing the same thing, and they're not about to stop just because Guardian readers have spilled their frapachinos in shock at finding out.


  • Closed Accounts Posts: 1,004 ✭✭✭Recondite49


    hmmm wrote: »
    That's some stretch. The NSA is by far the most capable and powerful electronic monitoring service in the world, and there isn't a country capable of successfully defeating them, let alone Ireland (even if "we" tried).

    This whole PRISM thing is ridiculously overblown. The Russians, Chinese, British, French, Israelis, Germans are all doing the same thing, and they're not about to stop just because Guardian readers have spilled their frapachinos in shock at finding out.

    Neither do we have to give up and go live in a cave though surely? There are privacy tools which have been available for years which would allow ordinary people to avoid surveillance by programs like PRISM - for instance I have had a healthy exchange of gpg encrypted e-mails with people during that time, haven't lost a wink of sleep over it! :)


  • Registered Users Posts: 11,205 ✭✭✭✭hmmm


    There are privacy tools which have been available for years which would allow ordinary people to avoid surveillance by programs like PRISM - for instance I have had a healthy exchange of gpg encrypted e-mails with people during that time, haven't lost a wink of sleep over it! :)
    The NSA aren't interested in "ordinary people", they are interested in gathering the maximum volume of metadata to target their more detailed efforts. The traffic patterns as to who is communicating using strong encryption would immediately draw NSA suspicions, and if they really wanted to intercept your comms there is any number of ways they could.

    Not that you'd really have anything to worry about unless you were a direct threat to the US.

    I'd be far more worried about the privacy implications of something like government attempts to impose mandatory filtering, or Garda requests for retained Internet or email traffic.


  • Closed Accounts Posts: 1,004 ✭✭✭Recondite49


    hmmm wrote: »
    The NSA aren't interested in "ordinary people", they are interested in gathering the maximum volume of metadata to target their more detailed efforts. The traffic patterns as to who is communicating using strong encryption would immediately draw NSA suspicions, and if they really wanted to intercept your comms there is any number of ways they could.

    Not that you'd really have anything to worry about unless you were a direct threat to the US.

    I'd be far more worried about the privacy implications of something like government attempts to impose mandatory filtering, or Garda requests for retained Internet or email traffic.

    If one thing is certain as revealed by Snowden himself is that encryption does work and it can foil the NSA. He released documents which showed they've been unable to compromise the basic structure of the Tor network, forcing them to try some more unorthodox methods like target people using an outdated version of Firefox, which is easily remedied (personally I use TAILS to access the Tor network but each to their own...).

    I am very impatient with this attitude which says that we might as well give up because our data isn't safe, people may not believe 100% security is possible but then neither is it possible to observe everyone at any given time - I use a variation of the tor browser to mask my traffic for instance, so it's very difficult to tell from traffic analysis alone that I'm accessing the network.

    In addition the e-mails I send are encrypted so much good may it do them if they decide to start intercepting data packets! :)


  • Closed Accounts Posts: 1,260 ✭✭✭Rucking_Fetard




  • Closed Accounts Posts: 1,004 ✭✭✭Recondite49



    Good to hear. Then again you wonder if a truly privacy conscious person would both use Microsoft Windows and provide their real e-mail address! :)


  • Registered Users Posts: 203 ✭✭industrialhorse



    Yes but Microsoft are dealing with America and don't pay any tax in America so no appeal is going to help win them this case:(


  • Registered Users Posts: 1,667 ✭✭✭Impetus


    Why doesn't the Irish Government help Microsoft and others who want to store customer data in Ireland by passing a law requiring that all requests for traffic data or contents relating to data stored in Ireland must be covered by Irish judicial sign-off? Irrespective of the jurisdiction or domicile of the data centre operating entity.

    Microsoft has been spending millions to protect its global business against the Snowden fallout - including this legal case http://www.washingtonpost.com/r/2010-2019/WashingtonPost/2014/06/10/National-Security/Graphics/SDNY%20MSFT%20Brief.pdf

    And they are not alone. Amazon (especially AWS), and probably Google are in the same boat. Every country has a right to pass laws to protect its sovereignty. If three letter agencies can bend the US legal system to rifle through data stored on computers situated in Ireland - it is no different to them launching an all out war against the country.

    Losses to US industry are estimated to be between 22 and 180 billion USD over the next three years - ie about 10% of revenues. Ireland has a duty to stand up for companies who make substantial investments in the country.

    http://www.businessinsider.com/edward-snowden-us-tech-firms-2014-7


  • Closed Accounts Posts: 1,260 ✭✭✭Rucking_Fetard


    Yes but Microsoft are dealing with America and don't pay any tax in America so no appeal is going to help win them this case:(
    Just shy of $30 Billion they save by keeping Money off shore. Good.
    Microsoft has revealed that it keeps $92.9billion 'permanently reinvested outside the U.S.' - meaning it has not paid $29.6billion in taxes.


    The tech company said in a SEC filing 'As of June 30, 2014, we have not provided deferred U.S. income taxes or foreign withholding taxes on temporary differences of approximately $92.9 billion resulting from earnings for certain non-U.S. subsidiaries which are permanently reinvested outside the U.S.'
    Microsoft noted that 'The unrecognized deferred tax liability associated with these temporary differences was approximately $29.6 billion at June 30, 2014.'


    'Microsoft reported operating 10 subsidiaries in tax havens in 2007 in 2013, it disclosed only five,' the report said. 'During this same time period, the company increased the amount of money it held offshore from $6.1 billion to $76.4 billion in U.S. taxes. That implies that the company pays a tax rate of just 3 percent to foreign governments on those profits, suggesting that most of the cash is booked to tax havens.'
    Wasn't their a big hullabulo about them paying less than 12% here a few years back and it was denied...or something??:confused:


    Anyway, the Judge has sided with the prosecutors and ordered Microsoft to hand over the Data on the Irish Servers ANNNNNND, they're not giving it, Fair Play Microsoft. Their pushing for their appeal. No sign of Ireland/Europe to grow some nuts yet.:mad:

    http://windowsitpro.com/paul-thurrotts-wininfo/microsoft-defies-court-order-will-not-give-emails-us-government


    Impetus wrote: »
    Why doesn't the Irish Government help Microsoft and others who want to store customer data in Ireland by passing a law requiring that all requests for traffic data or contents relating to data stored in Ireland must be covered by Irish judicial sign-off? Irrespective of the jurisdiction or domicile of the data centre operating entity.

    Microsoft has been spending millions to protect its global business against the Snowden fallout - including this legal case http://www.washingtonpost.com/r/2010-2019/WashingtonPost/2014/06/10/National-Security/Graphics/SDNY%20MSFT%20Brief.pdf

    And they are not alone. Amazon (especially AWS), and probably Google are in the same boat. Every country has a right to pass laws to protect its sovereignty. If three letter agencies can bend the US legal system to rifle through data stored on computers situated in Ireland - it is no different to them launching an all out war against the country.

    Losses to US industry are estimated to be between 22 and 180 billion USD over the next three years - ie about 10% of revenues. Ireland has a duty to stand up for companies who make substantial investments in the country.

    http://www.businessinsider.com/edward-snowden-us-tech-firms-2014-7
    +1

    US is gone mad with Power but are No where to be seen when they're needed.

    http://www.theguardian.com/world/2013/aug/21/syria-chemical-attack-assad-report


  • Closed Accounts Posts: 1,004 ✭✭✭Recondite49


    Impetus wrote: »
    Why doesn't the Irish Government help Microsoft and others who want to store customer data in Ireland by passing a law requiring that all requests for traffic data or contents relating to data stored in Ireland must be covered by Irish judicial sign-off? Irrespective of the jurisdiction or domicile of the data centre operating entity.

    Microsoft has been spending millions to protect its global business against the Snowden fallout - including this legal case http://www.washingtonpost.com/r/2010-2019/WashingtonPost/2014/06/10/National-Security/Graphics/SDNY%20MSFT%20Brief.pdf

    And they are not alone. Amazon (especially AWS), and probably Google are in the same boat. Every country has a right to pass laws to protect its sovereignty. If three letter agencies can bend the US legal system to rifle through data stored on computers situated in Ireland - it is no different to them launching an all out war against the country.

    Losses to US industry are estimated to be between 22 and 180 billion USD over the next three years - ie about 10% of revenues. Ireland has a duty to stand up for companies who make substantial investments in the country.

    http://www.businessinsider.com/edward-snowden-us-tech-firms-2014-7

    Well said Impetus. It's at times like these I wish we had a real life offshore Data Haven in the same way tax havens exist - I imagine you guys have read Cryptonomicon, it can't happen too soon in my view!


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  • Registered Users Posts: 1,667 ✭✭✭Impetus


    Well said Impetus. It's at times like these I wish we had a real life offshore Data Haven in the same way tax havens exist - I imagine you guys have read Cryptonomicon, it can't happen too soon in my view!

    To some extent I would agree with what you are saying - in terms of concept. However a reasonable level of taxation spent in accordance with the wishes of the population, in an efficient manner is legitimate. Spying electronically on the global population is not legitimate. In my view providing legal safeguards to those who offer secure protected data storage and transaction processing is legitimate - in the same way as the Swiss brought in banking secrecy to aid the Jews who were terrorized and murdered by Hitler & Co.

    Electronic eavesdropping on the masses has become the new Hitler era of the 21st century. Up to the late 1980s one had to get a license to own a typewriter in the DDR (East Germany) - which process required the so called "authorities" to finger-print each character on one's new typewriter, and keep a record of the typeface on file - as if every typewriter owner was a criminal. If one typed anything that the powers that be did not like, they could use the "finger print" evidence of the characters on paper to trace it back to you. Abusive tactics like this caused the Berlin Wall to fall in 1989.

    If companies like Microsoft, Amazon and Google etc are operating in the interest of their customers, they will locate their cloud facilities in countries that protect privacy of the normal user. This does not mean that a country should refuse to provide traffic data on someone who makes a credible threat to say "blow up the White House" or whatever.

    Babies are not born "terrorists". In most cases they become so called terrorists due to the denial of human rights in their neck of the woods, as they perceive it. And privacy of information is a human right, which must be respected. Just as the Red Cross and MSF (Medicine Sans Frontières) operate to care for physically injured people.


  • Closed Accounts Posts: 1,004 ✭✭✭Recondite49


    Impetus wrote: »
    To some extent I would agree with what you are saying - in terms of concept. However a reasonable level of taxation spent in accordance with the wishes of the population, in an efficient manner is legitimate. Spying electronically on the global population is not legitimate. In my view providing legal safeguards to those who offer secure protected data storage and transaction processing is legitimate - in the same way as the Swiss brought in banking secrecy to aid the Jews who were terrorized and murdered by Hitler & Co.

    Electronic eavesdropping on the masses has become the new Hitler era of the 21st century. Up to the late 1980s one had to get a license to own a typewriter in the DDR (East Germany) - which process required the so called "authorities" to finger-print each character on one's new typewriter, and keep a record of the typeface on file - as if every typewriter owner was a criminal. If one typed anything that the powers that be did not like, they could use the "finger print" evidence of the characters on paper to trace it back to you. Abusive tactics like this caused the Berlin Wall to fall in 1989.

    If companies like Microsoft, Amazon and Google etc are operating in the interest of their customers, they will locate their cloud facilities in countries that protect privacy of the normal user. This does not mean that a country should refuse to provide traffic data on someone who makes a credible threat to say "blow up the White House" or whatever.

    Babies are not born "terrorists". In most cases they become so called terrorists due to the denial of human rights in their neck of the woods, as they perceive it. And privacy of information is a human right, which must be respected. Just as the Red Cross and MSF (Medicine Sans Frontières) operate to care for physically injured people.

    Impetus, you raise some excellent points ; sadly Godwin's Law has now been invoked! :-D

    It seems to me that the only way to be safe would be to give client's control of their own data so that they can request to have it removed at any time. That way if it is subpoenaed, then they can choose to remove it before this happens.

    An alternative when it comes to private data would of course be to encrypt it client side. I know SpiderOak and Wuala are two popular services (although we have to take our word for it that the data is indeed irretrievable without the correct password as their software is proprietary.)

    As you say though I think it behooves the gods of Google, Amazon etc. to make sure their data is located somewhere which won't comply with US subpoenas, it seems doubtful to me that if the servers were located in Outer Mongolia and being managed by a separate company that the US Marshals would come abseiling in.


  • Closed Accounts Posts: 1,004 ✭✭✭Recondite49


    ...At the risk of veering off topic, I have to say that 41% tax on my share dividends is not so much legitimate as daylight robbery in my view, and don't get me started on the Universal Social Charge. It's for this reason I invest what small savings I have offshore where there is no Capital Gains Tax - this is lawful provided you declare this on your tax return. I know taxes exist to help the poor and needy but I am both! :)


  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    for this reason I invest what small savings I have offshore where there is no Capital Gains Tax - this is lawful provided
    At risk of verring further off topic, but how did you work out that there is no CGT for offshore investments?

    From http://www.revenue.ie/en/tax/cgt/cgt-faqs.html
    All forms of property are assets for CGT purposes whether situated in or outside the State.


  • Closed Accounts Posts: 1,004 ✭✭✭Recondite49


    RainyDay wrote: »
    At risk of verring further off topic, but how did you work out that there is no CGT for offshore investments?

    From http://www.revenue.ie/en/tax/cgt/cgt-faqs.html

    Mainly because I have an excellent Financial Advisor, I pay no CGT on my investments although when I retire I'll have to pay tax on the interest.

    If you want more information please feel free to send me a message, as you said perhaps this isn't the best thread for this.


  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    Mainly because I have an excellent Financial Advisor, I pay no CGT on my investments although when I retire I'll have to pay tax on the interest.

    If you want more information please feel free to send me a message, as you said perhaps this isn't the best thread for this.

    Just wouldn't want people thinking that overseas investments were exempt from CGT, because they're not - regardless of what tax advisor you have.


  • Closed Accounts Posts: 1,004 ✭✭✭Recondite49


    RainyDay wrote: »
    Just wouldn't want people thinking that overseas investments were exempt from CGT, because they're not - regardless of what tax advisor you have.

    As with everything it depends on how you structure it.

    It is possible to do it legally.

    As I said though I think if you want to discuss this further we should carry on in a separate thread as we've veered off topic.


  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    As with everything it depends on how you structure it.

    It is possible to do it legally.

    As I said though I think if you want to discuss this further we should carry on in a separate thread as we've veered off topic.

    The Revenue rules tell you what is exempt and what is not. Off-shore investments are not exempt.


  • Closed Accounts Posts: 1,004 ✭✭✭Recondite49


    RainyDay wrote: »
    The Revenue rules tell you what is exempt and what is not. Off-shore investments are not exempt.

    Yes, I'm very impressed at you repeating what you found on Google, however I have a Chartered Accountant.

    Of course no doubt you think you know better, but if so please put it in a private message or another thread. This is quickly turning into a Yes it is / No it isn't discussion and it's not one you're going to win! :)


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  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    however I have a Chartered Accountant.
    Ooohooo that's me told then, as everyone knows that Chartered Accountants never a) bend tax rules or b) make mistakes or c) are misunderstood by their clients.

    Best of luck with your investments. I look forward to seeing you in the Revenue list (along with your Chartered Accountant) in a few years time.


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