Specifically here, he is under oath in France so an American gag order wouldn't protect him from the French justice system.
This make it less likely he's lying. It could be possible Microsoft France has a "rogue" employee system where a key person only obeys to Microsoft US orders rather than his French boss and French law. Then the boss can swear to the Senate that they're complying.
This is exactly the system the US Congress accused TikTok of having set up.
If the data center is operated by a "trusted subsidiary" as the article mentions and everyone in key roles is a French citizen with no connection to the US then there is no one to give a gag order.
In practice the US HQ could mandate a security update that secretly uploads all data to the US but that's a whole other can of worms that I don't think anyone is ready to open.
the data center which runs software written and controlled by the US companies and likely has a 24/7 software related support team which is distributed across the world....
in a modern cloud dater center you don't need someone physically plugging a USB stick in a server, you just need a back door in a cloud software stack many times the size then any modern operating system which often even involves custom firmware for very low level components and where the attacker has the capabilities to convince your CPU vendor to help them...
Until this happened MS was still going around trying to convince lawyers to use their Cloud and telling them that there is no issue.
Including certain contractual "standard"(1) agreements which would make some of their higher management _personally_ liable for undue data access even under Cloud act from the US!!!
(1) As in standard agreements for providers which store lawyer data, including highly sensitive details about ongoing cases etc.
So you can't really trust MS anymore at all, even if personal liability (e.g. lying under oath) is at stack. And the max ceiling for the penalties for lying under oath seem less then what you can run into in the previous mentioned case...
You also have to look a bit closer at what it even means if "the french MS CEO swears they are complying" it means he doesn't know about non compliance and did tell his employees to comply and hired someone to verify it etc.
But the US doesn't need the French CEO to know, they just need to gain access to the French/EU server through US employees, which given that most of the infra software is written in the US and international admin teams for 24/7 support is really not that hard...
And even if you want to sue the French CEO after a breach/he (hypothetically) lied he would just say he didn't because he also was lied too leading to an endless goose chase and "upsi" by now the French CEO somehow is living in the US.
And that is if you ever learn about it happening, but thanks to the US having pretty bad gag orders/secret court stuff the chance for that is very low.
So from my POV it looks like MS has knowingly and systematically lying and deceiving customer, including such with highly sensitive data, and EU governments about how "safe" the data is even if it lead to personal legal liabilities of management.
And I mind to remember that AWS was giving similar guarantees they most most likely can't hold, but I'm not fully sure. Idk. about Google.
Oh and if you hope that the whole Sovereign Cloud things will help, it wont. It's a huge mage pretend theater moving millions over millions into the hands of US cloud providers while not providing a realistic solutions to the problem it is supposed to solve and neglecting local competition which actually could make a difference, smh.
The max penalty for things like this is actually life inprisonment though. If you, to aid a foreign power without authorization gather certain types of information, it's espionage.
There wouldn't be any lawsuit. If you do this kind of things you get arrested, get a trial and then you are in prison forever.
The separation is even in the URLs, all the locales are using paths, except the US, which lives under us.ovhcloud.com. All locales use a customer console hosted at ovh.com, except the US, which has it under us.ovhcloud.com.
You can't just spin up an LLC and call it a separate company. OVHCloud is still OVHCloud US' subsidiary company.
From the FAQ page I linked:
> In accordance with our Privacy Policy, OVHcloud will comply with lawful requests from public authorities. Under the CLOUD Act, that could include data stored outside of the United States. OVHcloud will consider the availability of legal mechanisms to quash or modify requests as permitted by the CLOUD Act.
FISA and the Stored Communications Act as modified by the CLOUD Act don't distinguish between (i) parent company overseas + US subsidiary and (ii) parent company in US + foreign subsidiary. In both instances the US asserts personal jurisdiction, extending to wherever the data is stored geographically.
Microsoft tried architecting a "surveillance shelter" in Ireland. It worked. That's actually why the CLOUD Act even exists[0]: it was passed specifically to prohibit Microsoft from doing this.
I wouldn't think "sovereign" EU data would be protected from US snooping either, unless the Five Eyes Plus alliance is going to be dissolved. Even then...
I don't believe that's the case because the intelligence pooling is meant to remove cross-border friction. A general breakdown of western alliances would probably be required (and maybe that's where we're headed.)
An inevitable consequence of this administration destroying US foreign influence and power at an unprecedented rate is that (IMHO) it is inevitable that the EU builds their own cloud and mandates its use for EU data. It is becoming a matter of national security.
The interesting thing is that the US is acting in the exact way that they accuse China of acting. Companies like Huawei are forbidden from installing telecom infrastructure for "national security" reasons [1]. One of justifications for first banning then forcing a sale of Tiktok was because of possible Chinese government interference. It's only a matter of time before the EU and China start making the same determination against US tech giants (eg Meta executive brags about silencing dissent [2]).
This administration really is killing the golden goose.
I don't think that YouTube video is a good supporting piece for your point. The spokesperson says they don't want to propagate harmful stereotypes. "brag about silencing dissent" seems like a strawman interpretation
A better faith interpretation is that people are free to criticize Israel and Zionism on Meta, just not using racist tropes.
Oh if that were only true. It's been made apparent in the last 2 years in particular that fighting antisemitism from the perspective of the ADL and figures like Jordana Cutler (who previously worked for the Israeli Prime Minister's Office) simply means silencing critcism of Israel, even when that means siding with actual antisemites (up to and including neo_nazis and outright Nazis). Examples:
- Ben Shapiro excuses antisemitic remarks by Ann Coulter because she's pro-Israel [1];
- ADL defends Elon Musk for making the Nazi salute (twice) on stage [2]
- We brutalized people with the police for organizing peaceful protests to say "maybe we shouldn't bomb children" or to get their respective universities to divest their endowments from the state doing the bombing;
- We went so far as trying to deport legal permanent residents for organizing said peaceful protests (ie Mahmoud Khalil); and
- The IHRA definition of antisemitism includes criticisms of the state of Israel.
Governments are not exempt from Cloud Act and US providers can be under gag order, so from EU or UK government perspective, they will never know if data has been accessed by 3rd country and what happened to it.
This is actually amazing that all the tenders have not been rejected under national security grounds or simply security services (yet again) have not done the job tax payers pay them to do.
I think many already started, the only reason it's starting to appear in the news is because people are making progress with the moves, and US companies are noticing it, but it's been planned and organized for a lot longer than just the last year.
That's what he would say if the company was under a gag order in the US. So I would take anything they say with a mountain of salt.
This make it less likely he's lying. It could be possible Microsoft France has a "rogue" employee system where a key person only obeys to Microsoft US orders rather than his French boss and French law. Then the boss can swear to the Senate that they're complying.
This is exactly the system the US Congress accused TikTok of having set up.
In practice the US HQ could mandate a security update that secretly uploads all data to the US but that's a whole other can of worms that I don't think anyone is ready to open.
in a modern cloud dater center you don't need someone physically plugging a USB stick in a server, you just need a back door in a cloud software stack many times the size then any modern operating system which often even involves custom firmware for very low level components and where the attacker has the capabilities to convince your CPU vendor to help them...
Including certain contractual "standard"(1) agreements which would make some of their higher management _personally_ liable for undue data access even under Cloud act from the US!!!
(1) As in standard agreements for providers which store lawyer data, including highly sensitive details about ongoing cases etc.
So you can't really trust MS anymore at all, even if personal liability (e.g. lying under oath) is at stack. And the max ceiling for the penalties for lying under oath seem less then what you can run into in the previous mentioned case...
You also have to look a bit closer at what it even means if "the french MS CEO swears they are complying" it means he doesn't know about non compliance and did tell his employees to comply and hired someone to verify it etc.
But the US doesn't need the French CEO to know, they just need to gain access to the French/EU server through US employees, which given that most of the infra software is written in the US and international admin teams for 24/7 support is really not that hard...
And even if you want to sue the French CEO after a breach/he (hypothetically) lied he would just say he didn't because he also was lied too leading to an endless goose chase and "upsi" by now the French CEO somehow is living in the US.
And that is if you ever learn about it happening, but thanks to the US having pretty bad gag orders/secret court stuff the chance for that is very low.
So from my POV it looks like MS has knowingly and systematically lying and deceiving customer, including such with highly sensitive data, and EU governments about how "safe" the data is even if it lead to personal legal liabilities of management.
And I mind to remember that AWS was giving similar guarantees they most most likely can't hold, but I'm not fully sure. Idk. about Google.
Oh and if you hope that the whole Sovereign Cloud things will help, it wont. It's a huge mage pretend theater moving millions over millions into the hands of US cloud providers while not providing a realistic solutions to the problem it is supposed to solve and neglecting local competition which actually could make a difference, smh.
There wouldn't be any lawsuit. If you do this kind of things you get arrested, get a trial and then you are in prison forever.
"Every accusation is a confession" remains undefeated
1. https://us.ovhcloud.com/legal/faqs/cloud-act/
https://blog.ovhcloud.com/cloud-data-act/
From the FAQ page I linked:
> In accordance with our Privacy Policy, OVHcloud will comply with lawful requests from public authorities. Under the CLOUD Act, that could include data stored outside of the United States. OVHcloud will consider the availability of legal mechanisms to quash or modify requests as permitted by the CLOUD Act.
It’s the other way around.
> From the FAQ page I linked:
Which is for the US company.
You can actually. Becton Dickson did it and shafted loads of their employees by saying they no longer have pensions with them.
If they can make successful tax shelters they can architect the entities and the architecture to remove this option.
There's some 9-eyes thing where this is a feature not a bug
[0] https://en.wikipedia.org/wiki/Microsoft_Corp._v._United_Stat...
Hearing a distant shout of "hold my beer" from the White House...
https://dirkjanm.io/obtaining-global-admin-in-every-entra-id...
The interesting thing is that the US is acting in the exact way that they accuse China of acting. Companies like Huawei are forbidden from installing telecom infrastructure for "national security" reasons [1]. One of justifications for first banning then forcing a sale of Tiktok was because of possible Chinese government interference. It's only a matter of time before the EU and China start making the same determination against US tech giants (eg Meta executive brags about silencing dissent [2]).
This administration really is killing the golden goose.
[1]: https://www.reuters.com/business/media-telecom/us-fcc-bans-e...
[2]: https://www.youtube.com/watch?v=7eO8byuv6PE
A better faith interpretation is that people are free to criticize Israel and Zionism on Meta, just not using racist tropes.
- Ben Shapiro excuses antisemitic remarks by Ann Coulter because she's pro-Israel [1];
- ADL defends Elon Musk for making the Nazi salute (twice) on stage [2]
- We brutalized people with the police for organizing peaceful protests to say "maybe we shouldn't bomb children" or to get their respective universities to divest their endowments from the state doing the bombing;
- We went so far as trying to deport legal permanent residents for organizing said peaceful protests (ie Mahmoud Khalil); and
- The IHRA definition of antisemitism includes criticisms of the state of Israel.
[1]: https://x.com/benshapiro/status/644505141299671041
[2]: https://www.aljazeera.com/news/2025/1/22/adl-faces-backlash-...
This is actually amazing that all the tenders have not been rejected under national security grounds or simply security services (yet again) have not done the job tax payers pay them to do.
They should have arranged to get a 100 euro refund every time it happens, or 440 euros if the UK does it.