Most websites function as content distributors, so for them to be able to serve your content to anyone who asks for it, you need to give them the legal right to do so.

The difference from the storage locker or safe deposit box example above is that for those services, you hold the key. You are not putting your stuff in those places so that any passerby can rummage through it.

Websites/services that provide more limited distribution services, e.g. dropbox, or anything where you need to grant permission to individuals, are a bit closer but still not really the same as the safe deposit box example. You should be sure that the rights you are granting by agreeing to the terms of service are more limited.

For cloud storage where you really want to limit access to the content to yourself only, you need to be sure that not even the provider can access it. I.e. encrypt it before it leaves your machine.

Good point. There are services that specifically provide for encryption and import, requiring a private key that only the user of the info has. Of course, the encryption can be cracked with time.

However, my main concern is not so with no one reading the data, but with data being taken and not returned.

You still want a guarantee you can access it, eg if it is your backups

nikcub raises an important issue - one must consider the contract between the end customer and the service provider. The analysis doesn't end here though.

There is a lot of additional complexity -- not only are there other contracts in play (e.g. contract between Megaupload and Carpathia and any other contract between Goodwin and any other 3rd party impacting the data), but also the issue of whether and how the court will enforce those agreement.

The government's ability to access the data changes depending on how these agreements are interpreted/enforced.

If you want to get really pedantic, there is also the question of whether the court is appropriately exercising jurisdiction and therefore has the authority to make and enforce such a ruling.

> Because with most websites when you agree to the terms and conditions you also agree to hand over all rights to that content to the service provider.

Rarely true anymore. Most sites that accept user-generated content explicitly state that the users retain ownership rights, but grant the site operators a broad license to republish that content.

But that doesn't matter because the government does not need anyone's approval if they have a warrant or subpoena. Compliance is not optional and supersedes IP protections.