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The Supreme Court Will Decide If the US Can Access Anyone's Data on Earth

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Re: The Supreme Court Will Decide If the US Can Access Anyone's Data on Earth

#2
More specifically, the Supreme Court is deciding whether the US can compel companies with a US presence to hand over data stored in other countries.

"Anyone's data on Earth" is a significant exaggeration. It's not like the US is going to demand Putin's emails (at least not through the courts, who knows what they're trying to do clandestinely).

Re: The Supreme Court Will Decide If the US Can Access Anyone's Data on Earth

#3
post #2

More specifically, the Supreme Court is deciding whether the US can compel companies with a US presence to hand over data stored in other countries. "Anyone's data on Earth" is a significant exaggeration. It's not like the US is going to demand Putin's emails (at least not through the courts, who knows what they're trying to do clandestinely).

I'm not certain it is a significant exaggeration, nor am I certain the US wouldn't demand Putin's email :-)

In practice you're probably right, but the idea of leaving things up to the discretion of politicians, particularly the ones we tend to elect, terrifies me.

Re: The Supreme Court Will Decide If the US Can Access Anyone's Data on Earth

#4
This will have immense ramifications on the ability of US companies to do business overseas. Even if there are no legal barriers erected (which I doubt), there will unquestionably be marketing barriers. If there were a company I did business with that had a home-country ruling like this, I would definitely think twice about how much I trust their government.

Re: The Supreme Court Will Decide If the US Can Access Anyone's Data on Earth

#5

This will have immense ramifications on the ability of US companies to do business overseas. Even if there are no legal barriers erected (which I doubt), there will unquestionably be marketing barriers. If there were a company I did business with that had a home-country ruling like this, I would definitely think twice about how much I trust their government.

There already are legal barriers? Even if the Supreme Court decides this is legal, EU and Irish law make it illegal, and Microsoft will be in extremely deep shit if they actually share the data.

Re: The Supreme Court Will Decide If the US Can Access Anyone's Data on Earth

#6
post #5

This will have immense ramifications on the ability of US companies to do business overseas. Even if there are no legal barriers erected (which I doubt), there will unquestionably be marketing barriers. If there were a company I did business with that had a home-country ruling like this, I would definitely think twice about how much I trust their government.

There already are legal barriers? Even if the Supreme Court decides this is legal, EU and Irish law make it illegal, and Microsoft will be in extremely deep shit if they actually share the data.

That adds a fascinating wrinkle to it, what happens if the EU makes it illegal to share the data, and the US requires it? A company could find themselves in between a rock and a hard place, forced to violate the dictates of at least one powerful governmental force.

Re: The Supreme Court Will Decide If the US Can Access Anyone's Data on Earth

#8
post #5

This will have immense ramifications on the ability of US companies to do business overseas. Even if there are no legal barriers erected (which I doubt), there will unquestionably be marketing barriers. If there were a company I did business with that had a home-country ruling like this, I would definitely think twice about how much I trust their government.

There already are legal barriers? Even if the Supreme Court decides this is legal, EU and Irish law make it illegal, and Microsoft will be in extremely deep shit if they actually share the data.

It is an interesting situation, since it's basically putting companies in a situation where it's impossible not to break the law. The hosting country demands that data be kept private while the country's home country demands that data be given up.

What imagine will happen eventually (be it in the next couple years or next couple decades) is that agreements along the same lines as free trade agreements and extradition agreements will be made between countries. In exchange for the ability to get data from other countries under certain conditions, the US grants the ability for other countries to do the same. Probably these agreements would be made with other liberal democracies; I don't expect China or Russia to hand over data to the US nor vice versa.

Re: The Supreme Court Will Decide If the US Can Access Anyone's Data on Earth

#9
post #5

This will have immense ramifications on the ability of US companies to do business overseas. Even if there are no legal barriers erected (which I doubt), there will unquestionably be marketing barriers. If there were a company I did business with that had a home-country ruling like this, I would definitely think twice about how much I trust their government.

There already are legal barriers? Even if the Supreme Court decides this is legal, EU and Irish law make it illegal, and Microsoft will be in extremely deep shit if they actually share the data.

[deleted]

Re: The Supreme Court Will Decide If the US Can Access Anyone's Data on Earth

#10
post #5

Earlier quoted context omitted.

There already are legal barriers? Even if the Supreme Court decides this is legal, EU and Irish law make it illegal, and Microsoft will be in extremely deep shit if they actually share the data.

That adds a fascinating wrinkle to it, what happens if the EU makes it illegal to share the data, and the US requires it? A company could find themselves in between a rock and a hard place, forced to violate the dictates of at least one powerful governmental force.

Not that interesting, really.

Nobody forces Microsoft to exist in the EU, or to sell their software to EU citizens. They would simply be forced out of that market.

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