4 ms·
> The current system is slow and inefficient, and that is wonderful. which is great until it's not slow and there is no due process. I think the key motivation
by magicalist 9y ago
> The current system is slow and inefficient, and that is wonderful.
which is great until it's not slow and there is no due process. I think the key motivation may be:
> Faced with the extended delays under the MLAT process, some countries are now asserting that their laws apply to companies and individuals outside of their borders. Countries asserting extraterritorial authority potentially put companies in an untenable situation where we risk violating either the law of the requesting country or the law of the country where we are headquartered.
which is presumably a reference to this case: https://arstechnica.com/tech-policy/2016/07/microsoft-wins-court-rules-feds-cant-use-sca-to-nab-overseas-data/ https://arstechnica.com/tech-policy/2016/07/microsoft-wins-c...
- dmitrygr 9y agoYes, except that case was decided correctly - USA was reminded that their laws did not apply outside of USA, and they can go use proper slow channels
- magicalist 9y ago> USA was reminded that their laws did not apply outside of USA, and they can go use proper slow channels They were reminded that the Stored Communications Act does not apply outside of the US, but according to the OP the Second Circuit said Congress could easily change that. If Congress started making moves in that direction it would make sense to get out in front of it with some kind of proposal, because AFAIK there's no constitutional basis for those protections.
- puzzle 9y agoThe US have always liked to apply their laws on American entities even on foreign soil, see e.g. IRS taxation. Based on decades of precedents like that, it's not difficult to see them attempt to apply the same reasoning for communications.