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First of all let's not confuse the issues here, the one in question is about tagging visitors with cookies, and the one you link to is a terrible decision by a judge about the nature of data processing in the cloud with the potential to adversely affect all tech corps and startups and further enrich leech trial lawyers. Here are some opinions by those who know the law much better that myself:

http://www.volokh.com/2013/10/04/is-gmail-illegal/

http://www.washingtonpost.com/blogs/the-switch/wp/2013/09/28...

It’s just an awful decision.

Back to the cookie thing, the technique described is not exclusive to national agencies, any black hat with gumption can manage it (although the NSA taps teleco traffic which makes it much easier for them) the attack vector in this case is a vulnerability in the Tor browser that ought not have been there in the first place (rather than any data analysis) and I'm guessing it was already patched seeing as the documents describing it are a bit dated.

It’s not a kickoff point to philosophise about the merits of free services and the legality of hadoop. Also "companies like Google" aren't the ones that came up with terrible laws nor should they stop building stuff because of them.



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