Skype taken to Belgium Court after Failure to Share Data

[Ink]

Content source

http://www.reuters.com/article/2015/05/26/us-skype-belgium-court-idUSKBN0OB0M320150526

"Online communication service Skype has been summoned to appear in court in Belgium after refusing to pass on customer data to aid a criminal investigation, a court spokesman said.

A court in Mechelen, just north of Brussels, had asked for data from messages and calls exchanged on Microsoft-owned Skype, arguing that telecom operators in the country were required to do so.

"The judicial question is whether Skype is also a telecoms operator," the court spokesman said, adding that Skype would have to pass on the data if this was established to be the case. It could also face a fine.

Skype was not immediately available for comment."

Should Skype have shared the call data? What are your thoughts?

 

[comfortablynumb15]

Here's another example of law and the digital world colliding. In my sole opinion, yes, Skype should be sharing what they have in a legitimate investigation. If this was another NSA/GCHQ-related bulk collection attempt, then screw them. But, if Belgian law enforcement operating within the bounds of Belgian law requested the data, Skype should be forced to give it. They don't say what the investigation is about, so that could change things. But, right now I agree with the police. Skype is a legitimate company offering actual phone service, so I believe they should be considered a telecom provider.

 

[Nico@FMA]

Yes Skype should give the data if the court rules so. This is the proper way of doing things.
Having a real court (Not a FISA mockup court lol) requesting info regarding a criminal case.

 

[Deleted member 21043]

It's for a criminal investigation, so in my opinion yes, but at the same time no.

If I made something, I would wait until I legally have to share information due to the courts decision. I wouldn't just hand it over. For that reason, I still agree with the decision Skype made as well as thinking they should have given the information. One way I agree, the other I disagree.

For all we know the information in the conversations, calls which were being requested could have contained information which if handed over earlier could have potentially prevented another crime from taking place. May not be the case, but I guess we'll never know.

The information really could have been beneficial to the criminal investigation. However, untill they receive any information they won't know if it was all a waste of time (court etc) and if the information they are requesting will even be beneficial to them.

Everyone should be entitled to their privacy. But, at the end of the day there are 2 choices:

1). Have complete privacy - no information is shared.
2). Have less rights to privacy - more information is shared, however may be beneficial during crime investigations and may offer you better protection in the real world in the long run. For example, a criminal plans to commit a serious offense which may affect thousands of people over Skype, however since the Police would get this information, they'd be able to attempt to prevent it from occuring and/or escalating as opposed to picking up the pieces after the crime after the damage is done.

Alongside this, I agree that Skype should be seen as a telecom provider. If you go onto Skype and have sufficient credit, you can carry out phone calls to mobile and landline phones all across the globe.

That's just my opinion.

 

[comfortablynumb15]

Yeah, I see Skypes' side of things too. Protecting privacy is a red hot subject at the moment obviously, but protecting people is just as important. I'm afraid that at this point, balancing privacy and personal security and legitimate law enforcement needs will get increasingly difficult.

 

[aztony]

"Online communication service Skype has been summoned to appear in court in Belgium after refusing to pass on customer data to aid a criminal investigation, a court spokesman said.

Skype's action seems to be one of hypocrisy when they are alleged to be giving such data to NSA without a qualm.

http://www.businessinsider.com/skype-accused-of-helping-government-spy-on-people-2012-7

http://www.theguardian.com/technology/2013/oct/11/skype-ten-microsoft-nsa

 

[comfortablynumb15]

Well, that one article in the original post says absolutely nothing more than they are fighting the request. As is said, the devil is in the details. U.S business policy and law is a lot different from Belgian policy and law. This also, so far, seems to be more a "normal" criminal matter and not a national security issue. Huge, huge difference. You also can't forget that dealing with the NSA and U.S intelligence and law enforcement is more akin to dealing with medieval Inquisition authorities. Belgian authorities probably aren't threatening to destroy Skype and indict all the employees on Federal charges.

 

[Nico@FMA]

Well, that one article in the original post says absolutely nothing more than they are fighting the request. As is said, the devil is in the details. U.S business policy and law is a lot different from Belgian policy and law. This also, so far, seems to be more a "normal" criminal matter and not a national security issue. Huge, huge difference. You also can't forget that dealing with the NSA and U.S intelligence and law enforcement is more akin to dealing with medieval Inquisition authorities. Belgian authorities probably aren't threatening to destroy Skype and indict all the employees on Federal charges.

Uhmmm do not under estimate the power of local courts, specially in the EU.
Because the supreme court in the US does have a lot to say yet here in the EU every nation has a court that is equal to supreme court, but the major difference is that if such court rules against skype (Or against google and Ms in the past) then this order is enforceable trough out the entire EU territory. So a seemingly silly court like Belgium (Its not silly tho) carries a huge punch because when a EU court rules you can fight it as much as you like but any court just will repeat the verdict as we have seen with Google who counter sued companies at multiple courts and lost them all. Not to mention the HUGE fine 's.

If the court rules in favor of sharing the info based upon serious facts then Skype better do as ordered or they will have a hailstorm on their hands.

 

[comfortablynumb15]

I'm not underestimating any court, the EU has its own ugly problems when it comes to this kind of thing. But, I mean, we literally have nothing to go on yet. It might be a huge deal or it may be local cops trying to get the data on a single thief. Courts all over the world are gaining too much power, but that's neither here nor there this early into this one article. The real discussion is whether Skype is a telecom or not.

 

[Nico@FMA]

I'm not underestimating any court, the EU has its own ugly problems when it comes to this kind of thing. But, I mean, we literally have nothing to go on yet. It might be a huge deal or it may be local cops trying to get the data on a single thief. Courts all over the world are gaining too much power, but that's neither here nor there this early into this one article. The real discussion is whether Skype is a telecom or not.

VOIP is regarded telecom in every regard. OTT is the communications provider Skype, a subsidiary of Microsoft.
There is not question that Skype is a telecom company, it might not be labeled as one but according to international law they are.
If there is a lawyer who can make the court believe that this is not the case, then give the man a beer.

 

[jamescv7]

In a such instrument for evidence upon investigation, Skype should follow the protocol; I don't see any reason why they refused and its considered as a part of messenging/voice call tool which very similar to the telcom providers in such case to obtain any proof is from messages.

A similar article where Skype makes cooperation to the legal enforcements to obtain messages prior for investigation of something to proof of.

http://arstechnica.com/tech-policy/2012/07/skype-handing-over-more-chat-data-to-law-enforcement/

Technology emerged and crimes are typically engage with these type of instruments therefore it should take a consideration of.