Comment Why bother? (Score 1, Informative) 136
You can buy an unlocked iPhone directly from Apple these days.
sjbe: Explain to me how some leftover vials of a pathogen from decades ago has any relevance...
(1) Labels fall off of vials after a decade or two.
(2) Viruses are not alive, and can remain viable indefinitely.
(3) A pathogen (e.g., influenza) from decades ago can cause another pandemic if released. No one alive will have immunity, which is built up on a per-organism basis, not genetically.
sjbe: In all likelihood, nothing. The CDC handles copies of pretty much every known pathogen on the planet.
Did you read the news about two weeks ago? Smallpox has for decades been extinct, save for two frozen samples in US and Russia.
Oops! Someone cleaning out an old CDC-employee desk found vials of that and other pathogens that had been sitting there for decades.
It's known that plant seeds and bacteria can persist in viable form for millennia. Viruses, not being "alive," probably far longer.
I'm not attacking the CDC. Just you. Don't claim expertise unless you have it.
How is this different from what the Stasi did?
It's not.
There is a quote from a former Stasi guy (East-German secret police) regarding the Snowden leaks of NSA capabilities: "We could only have dreamed of having such powers."
. .
.the "How would you feel if somebody did it to you?" test. . .
Excellent test, to propose a citizen consider being on the other end of some legal action or law, as a way to consider whether it is reasonable.
I daresay acceptance of the described international-legal concept would be the end of the concept of Trade Secrets.
It would also be a boon to any company with "favored" status in their home nation.
Just claim the data was lost due to a "hard drive crash." I mean, it worked for the IRS, right?
It worked for the CIA video recordings of interrogations.
It worked for the CHP & KCSO after they confiscated, w/o warrant, the two cell phones which had video of the deadly police beating. The phones were later returned, sans video.
And so on. . .
If this were not the case then the Tobacco and Asbestos companies could have just said "all those meeting minutes and research records are stored in our warehouse in mexico so ha ha, you all lose." Any company or person, on any issue, could just mail the evidence out of state or out of country and get off scott free.
Interesting point. There is one subtle difference to consider.
The "moving physical documents off-shore" approach would be conceivable if not for the fact that such documents, etc. were generated by a US-based Corp., by people acting as representatives of the Corp., thus subject to US laws. IANAL, but I think this kind of maneuver would be obstruction of justice, contempt, or something similar to "destruction of evidence."
In the online case here, the issue is email caching. It does really make sense to cache users' "cloud" data in close physical proximity to said users. That said, one can easily imagine MS using this excuse as a shield to deliberately hide documents they'd like kept secret. Probably not the case here, but extend this ruling to company-internal documents, and you'll spot the trick that US DOJ is trying to prevent.
Kind of like how many Corps. have a "delete any email over two weeks old to 'save storage space'." If you delete a category of data, on a regular schedule, and before any subpoena, then the trick will work. But good luck preserving any sort of corporate memory...
The use of money is all the advantage there is to having money. -- B. Franklin