On Sep 25, 2013, at 2:52 AM, james hughes <hugh...@mac.com> wrote:

> Many, if not all, service providers can provide the government valuable 
> information regarding their customers. This is not limited to internet 
> service providers. It includes banks, health care providers, insurance 
> companies, airline companies, hotels, local coffee shops, book sellers, etc. 
> where providing a service results in personal information being exchanged. 
> The US has no corner on the ability to get information from almost any type 
> of service provider. This is the system that the entire world uses, and 
> should not be our focus.

There are many places where there is no way to provide the service without 
having access to the data, and probably storing it.  For those places, we are 
stuck with legal and professional and business safeguards.  You doctor should 
take notes when you see him, and can be compelled to give those notes up if he 
can access them to (for example) respond to a phone call asking to refill your 
medications.  There are rather complicated mechanisms you can imagine to 
protect your privacy in this situation, but it's hard to imagine them working 
well in practice.  For that situation, what we want is that the access to the 
information is transparent--the doctor can be compelled to give out information 
about his patients, but not without his knowledge, and ideally not without your 
knowledge.  

But there are a lot of services which do not require that the providers have or 
collect information about you.  Cloud storage and email services don't need to 
have access to the plaintext data you are storing or sending with them.  If 
they have that information, they are subject to being forced to share it with a 
government, or deciding to share it with someone for their own business 
reasons, or having a dishonest employee steal it.  If they don't have that 
information because their service is designed so they don't have it, then they 
can't be forced to share it--whether with the FBI or the Bahraini government or 
with their biggest advertiser.  No change of management or policy or  law can 
make them change it.  

Right now, there is a lot of interest in finding ways to avoid NSA 
surveillance.  In particular, Germans and Brazilians and Koreans would 
presumably rather not have their data made freely available to the US 
government under what appear to be no restrictions at all.  If US companies 
would like to keep the business of Germans and Brazilians and Koreans, they 
probably need to work out a way to convincingly show that they will safeguard 
that data even from the US government.   

--John
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