2 ms·
As you are in Germany then I would say you're out of scope for subpoenas direct from US governmental authorities. They would however look for assistance from Ge
by grabeh 10y ago
As you are in Germany then I would say you're out of scope for subpoenas direct from US governmental authorities. They would however look for assistance from German authorities who may or may not be minded to comply. Of course different jurisdictions will react differently to a request from a US governmental authority for assistance (Russia for example would be unlikely to comply I imagine). As you say therefore, in terms of direct action against you, you would be able to fight in your courts.
In terms of the host of your data, the location of the data is of relevance, as is the jurisdiction in which the host is based. It's related to the Microsoft v US litigation. The main purpose of the litigation is to decide whether US entities hosting data outside the US have to comply with warrants to disclose that information (and in the process bypassing local protections/giving you the opportunity to fight in local courts).
If Microsoft is successful in the litigation, they won't have to comply with US issued warrants in relation to data stored outside the US.
If Microsoft loses, then you would be better placed using a hosting provider with no links to the US if you want to reduce the chances of data being disclosed to US governmental authorities.
- Beltiras 10y agoThis is my analysis as well. The only addition I have is that I find it very unlikely Microsoft will lose on appeal.