We cannot trust ANY government to stay out of the cloud.
“These EU provisions might conflict with obligations US-based firms, such as Microsoft, face under US law. “
Unfortunately they don't conflict as much as we would hope, because the EU provisions already have small print allowing law enforcement access to the data. For example, EU grounds for processing personal data include:
“Processing is required by a legal obligation;” … and “Such exceptions are permitted if, among other things, it is necessary on grounds of national security, defence, crime detection, enforcement of criminal law, or to protect data subjects or the rights and freedom of others.”
http://ec.europa.eu/justice/policies/privacy/guide/index_en.htm
Unfortunately if a government wants to look at our cloud data, then they will just play their usual “national security & defence” or “law enforcement so legal obligation” joker cards, so they can gain access to whenever they want. Sadly its already allowed in the small print of the EU provisions.
Plus make no mistake, governments will abuse cloud data assuming its their right to access it for an ever increasing number of reasons. Low hanging fruit so to speak, will be to scan for terrorism and before you know it, it'll be scanning for everything.
The simple truth is, we cannot trust governments to stay out of the cloud. Governments have small print in everything they do. For example, article 12, of the human rights act sounds like it should protect us, as it states:" No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks." … But of course, the small print is “arbitrary interference” … so therefore define “arbitrary interference”. A legal obligation is being argued its not arbitrary, therefore they argue they are not violating article 12, therefore article 12 is meaningless in practice. It won't protect us from state overview of anything they define as legal obligation and they will abuse that over time to mean anything they want it to mean as legal obligation.
Plus don't forget we have seen laws abused to mean totally different things over time before. For example, just look at how the insane UK to US extradition ruling has been abused out of all proportion from what it was originally intended for. It was started to help stop terrorism and yet now, its being turned into anything including trying to extradite a kid for just linking to sites which violate copyright!
Cloud data will be utterly abused by governments and they have small print ready and waiting to be exploited for them to continue to find reasons to access the cloud data. Plus these companies offering this Cloud are not doing it out of the goodness of their hearts. They also want to scan and spy on the data.
Exploiting our privacy is turning into a free for all gold rush for corporations and governments and they are trying to lie to us to fool us into believing we should just give up our privacy to put it all in the cloud. Because ultimately violating our privacy is very valuable to the corporations and governments.
There are good reasons why people fight to stop state intrusion into their privacy. History has shown this so many times and if that isn't enough, then look at the revolutions this year, where people are still dying to this very day, as they fight to try to stop state intrusion and control over their lives. We are not all fools who believe in the cloud. The cloud cannot be trusted because ultimately governments cannot be trusted.