[Cryptography] MSFT doesn't retain keys for its own German cloud

[Jerry Leichter]

> FYI --
> 
> http://blogs.technet.com/b/ralfwi/archive/2015/12/08/microsoft-cloud-in-germany.aspx
> 
> ----
> Take that, DoJ/FBI !
> 
> You have to ask Deutsche Telekom instead.
> 
> Of course, Deutsche Telekom has an intimate relationship with Nessa, so this whole thing is an elaborate (Bourne? Pass-the-hash?) shell game.
This is a response to the ongoing lawsuit by the US gov to get at data that's stored at a Microsoft server in, I think, Ireland.  Microsoft's position is that a US warrant can't reach data stored overseas.  The US position is that since Microsoft is a US corporation, it doesn't matter where the data lives - it falls under US law.  That suit is likely on its way to the Supreme Court.  Note that this is another case with potential serious repercussions:  If the US claims that they can get at data stored anywhere in the world, why can't other countries make the same about data stored here?

In any case, the whole business with Deutsche Telekom was deliberately set up so that Microsoft cannot order DT to give it access to the data.  DT is governed by its own decisions, and German law.  So if the US demands access from Microsoft, they can legitimately say "We have no ability to provide it, you'll have to go negotiate with the Germans".

Of course, this is only relevant when the US (or, for that matter, the Germans) go through standard legal channels.  The spies get their access behind the scenes, and when operating outside of their own borders (let's close our eyes to the stuff within their own borders, shall we?) can do pretty much whatever they can get away with - which is pretty much anything.

                                                        -- Jerry