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Apple and Other Tech Companies Tangle with U.S. Over Data Access

60 点作者 jeo1234超过 9 年前

5 条评论

jackgavigan超过 9 年前
<i>&gt; Microsoft said federal officials would have to get an order from an Irish court, because the emails were stored on servers in Dublin.</i><p>The feds are being hoisted on their own petard somewhat here, having long argued that a foreign person&#x27;s data held on a US server is subject to US jurisdiction. The logical corrollary to that argument is that data held on an Irish server is subject to Irish jurisdiction.<p>It is standard practise for companies in Europe (e.g. the bank I&#x27;m consulting for right now) to ensure that, when they subscribe to cloud services, their data is held stored and processed in datacentres within the EU, so that it is subject to EU legislation and, hence, the EU&#x27;s data protection laws.
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harkyns_castle超过 9 年前
Any time I read this type of article, I keep recalling what irritated the hell out of me with the Snowden leaks and responses of US citizens. To paraphrase: &quot;It&#x27;s terrible they&#x27;re spying on US citizens (but everyone else is fair game, geez, whack a splicer in that fibre channel asap)&quot;.<p>The US has reinvented the concept of borderlines on the Internet with what the NSA&#x2F;TLAs have been up to. I&#x27;d say that&#x27;s a distinct step backwards.
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AdmiralAsshat超过 9 年前
<i>“Only Congress has the institutional competence and constitutional authority to balance law enforcement needs against our nation’s sovereignty, the privacy of its citizens and the competitiveness of its industry.”</i><p>What competence?
tzs超过 9 年前
How do these things work in the case of physical goods and documents?<p>For instance, suppose you and I are both US residents, residing in the US. You loan me some item. I fail to return it and you sue me. The court orders me to return the item to you.<p>If I had that item in a storage locker in Los Angeles, there is no question that the court would have the authority to order me to retrieve that item and turn it over to you or to the court.<p>Suppose, however, I have taken the item to Mexico and have it in a storage locker there? Can I now get away with telling the court that since the item is in Mexico, the court does not authority to order me to retrieve it (or to order me to instruct the storage facility to retrieve it and ship it to me)?<p>Similar question for physical documents. For instance, if GM set up a documents storage facility a few miles away from its headquarters, across the border in Canada, and kept all documents not actively in use at the Canadian facility, would they then be able to fend off document subpoenas from US safety investigators this way?
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codezero超过 9 年前
In practical terms how much will this set back the U.S. Govt? Won&#x27;t they get rapid support from European countries and just make the process streamlined?