How the PATRIOT ACT Applies to Cloud Computing

Are you in the cloud yet? Chances are you already are and may not even know it.

Cloud computing refers to the use and access of multiple server-based computational resources via a digital network (WAN, Internet connection using the World Wide Web, etc.). Cloud users may access the server resources using a computer, netbook, pad computer, smart phone, or other device. In cloud computing, applications are provided and managed by the cloud server and data is also stored remotely in the cloud configuration. Users do not download and install applications on their own device or computer; all processing and storage is maintained by the cloud server. The on-line services may be offered from a cloud provider or by a private organization.


Of course, with the new American police state in place fueled by the PATRIOT Act, there are some already growing concerns about your privacy guaranteed by the Fourth Amendment and the conflict of the new post 9/11 federal powers.

ZDNet reports:

At the Office 365 launch, Gordon Frazer, managing director of Microsoft UK, gave the first admission that cloud data — regardless of where it is in the world — is not protected against the USA PATRIOT Act.

It was honestly music to my ears. After a year of researching the Patriot Act’s breadth and ability to access data held within protected EU boundaries, Microsoft finally and openly admitted it.

The question put forward:

“Can Microsoft guarantee that EU-stored data, held in EU based datacenters, will not leave the European Economic Area under any circumstances — even under a request by the Patriot Act?”
Frazer explained that, as Microsoft is a U.S.-headquartered company, it has to comply with local laws (the United States, as well as any other location where one of its subsidiary companies is based).

Though he said that “customers would be informed wherever possible”, he could not provide a guarantee that they would be informed — if a gagging order, injunction or U.S. National Security Letter permits it.

He said: “Microsoft cannot provide those guarantees. Neither can any other company“.