Stunningly bad privacy law just passed in Australia - what does it mean for FastMail? - Page 7

TheJapanese · 2 Oct 2019, 03:10 PM

Quote:

Originally Posted by Berenburger

That report costs $ 3900,=.

Yeah - kinda stupid...

TheJapanese · 2 Oct 2019, 03:14 PM

Quote:

Originally Posted by bipbop

110.000 domains isn't that much. Even if you should count 1 for each customer (I have several, so do many others), it's only 110.000 people/orgs. I would think the vast majority of Fastmail's customers are people who don't own domains.

Yes I'm with you... not that easy to say, but if you see Protonmail (around 55.000 domains and mailbox.org with 15.000 domains) you can see a clear difference.

I'm not saying that they need or must have an own datacenter. Often it is better to not have one and use a professional datacenter with own service and own staff servicing those.

It would be nice if the datacenters wouldn't be US-only. That's my main point.

Terry · 2 Oct 2019, 03:44 PM

From Fastmail.

Australia does not have any equivalent to the US National Security Letter, so we cannot be forced to do something without being allowed to disclose it.

It has been pointed out to us that since we have our servers in the US, we are under US jurisdiction. We do not believe this to be the case. We do not have a legal presence in the US, no company incorporated in the US, no staff in the US, and no one in the US with login access to any servers located in the US. Even if a US court were to serve us with a court order, subpoena or other instruction to hand over user data, Australian communications and privacy law explicitly forbids us from doing so.

It might be possible for the US government to lean on the Australian government or other international legal body to compel us to hand over data but this likely to be an expensive, time-consuming and highly visible process. In our opinion those barriers make it extremely unlikely to happen.

TheJapanese · 2 Oct 2019, 03:51 PM

Quote:

Originally Posted by Terry

...
It has been pointed out to us that since we have our servers in the US, we are under US jurisdiction. We do not believe this to be the case. We do not have a legal presence in the US, no company incorporated in the US, no staff in the US, and no one in the US with login access to any servers located in the US. Even if a US court were to serve us with a court order, subpoena or other instruction to hand over user data, Australian communications and privacy law explicitly forbids us from doing so.
...

Quite old statement, which is wrong!

Fastmail does have an office within US (Philadelphia) and stuff within US!

So full under US jurisdiction!

Terry · 2 Oct 2019, 03:59 PM

This will help you... https://www.fastmail.com/about/

https://fastmail.blog/author/brong/

bipbop · 2 Oct 2019, 06:17 PM

Quote:

Originally Posted by Terry

From Fastmail.

Australia does not have any equivalent to the US National Security Letter, so we cannot be forced to do something without being allowed to disclose it.

I hope this was written before the new law was passed, as it is now patently false.

"Kocher, in particular, criticised the laws for making it possible for law enforcement to target
individual employees to secretly weaken systems and then not tell anyone, including their own employer, under threat of significant jail time."

https://www.itnews.com.au/news/austr...d-stage-520197

Terry · 3 Oct 2019, 11:09 AM

I think you left a bit out of that statement, the US can in force it but it involves a lot of time and money.....

Its not like we are living in China then you would have something to complain about....

2 Oct 2019, 03:59 PM	#95
Terry The "e" in e-mail Join Date: Jul 2002 Location: VK4 Posts: 3,012	This will help you... https://www.fastmail.com/about/ https://fastmail.blog/author/brong/ Last edited by Terry : 2 Oct 2019 at 04:12 PM.

3 Oct 2019, 11:09 AM	#97
Terry The "e" in e-mail Join Date: Jul 2002 Location: VK4 Posts: 3,012	I think you left a bit out of that statement, the US can in force it but it involves a lot of time and money..... Its not like we are living in China then you would have something to complain about.... Last edited by Terry : 3 Oct 2019 at 04:47 PM.

2 Oct 2019, 03:44 PM	#93
Terry The "e" in e-mail Join Date: Jul 2002 Location: VK4 Posts: 3,012	From Fastmail. Australia does not have any equivalent to the US National Security Letter, so we cannot be forced to do something without being allowed to disclose it. It has been pointed out to us that since we have our servers in the US, we are under US jurisdiction. We do not believe this to be the case. We do not have a legal presence in the US, no company incorporated in the US, no staff in the US, and no one in the US with login access to any servers located in the US. Even if a US court were to serve us with a court order, subpoena or other instruction to hand over user data, Australian communications and privacy law explicitly forbids us from doing so. It might be possible for the US government to lean on the Australian government or other international legal body to compel us to hand over data but this likely to be an expensive, time-consuming and highly visible process. In our opinion those barriers make it extremely unlikely to happen.