4 ms·

> To my understanding, neither US nor EU law give a crap about the data's geography How do you think search warrants and national espionage programs are carrie

> To my understanding, neither US nor EU law give a crap about the data's geography How do you think search warrants and national espionage programs are carried out? ... That's where the law comes in: data is just "property". The law gives many craps about property :) > I'd say it's the companies which have twisted themselves into knots to take advantage of this loophole, and expected that to be an enduring investment, which are having a problem. The business conundrum is whether to cede massive, growing, markets to regional players or to try and straddle multiple legal regimes. That straddling means trying to reconcile different legal requirements, and that's what we're seeing: saying no to party A to respect the demands of party B. Far from a problem, this is a consequence of expansion and profitability. Far from a "pretzel" this is par for the course for multinationals, and a key area of legal precedence for the current IT behemoths (read: impacts billions in revenue). There are other corporate solutions to this issue, they're just much less profitable than todays approach from MS, Google, and others.

closeparen 9y ago
>How do you think search warrants and national espionage programs are carried out? Based on the citizenship of the targets. >Far from a "pretzel" this is par for the course for multinationals, and a key area of legal precedence for the current IT behemoths Well, not anymore if this ruling stands.
- bonesss 9y ago
  > To my understanding, neither US nor EU law give a crap about the data's geography ... [search warrants... are carried out] based on the citizenship of the targets. Executing a legal search warrant involves using legally binding power on a legal entity within a specific jurisdiction. If property or entity is outside that jurisdiction then the laws do not apply. US and EU law give very, very, much a crap about their jurisdictions, and where property is (ie where data is located).
  - closeparen 9y ago
    Whether US jurisdiction applies to data held by US companies outside the US has so far depended on which court you ask, and appears to be leaning towards "yes." Certainly the citizenship of the entity holding the data matters, and from the GDPR's perspective, the citizenship of the data subject matters, but the "location" of the data itself has (maybe) mattered for about 2 years, and may not anymore after this works its way through the system. See, for example: https://arstechnica.com/tech-policy/2017/09/feds-google-stops-challenging-most-us-warrants-for-data-on-overseas-servers/ https://arstechnica.com/tech-policy/2017/09/feds-google-stop...

closeparen 9y ago

>How do you think search warrants and national espionage programs are carried out? Based on the citizenship of the targets. >Far from a "pretzel" this is par for the course for multinationals, and a key area of legal precedence for the current IT behemoths Well, not anymore if this ruling stands.

bonesss 9y ago
> To my understanding, neither US nor EU law give a crap about the data's geography ... [search warrants... are carried out] based on the citizenship of the targets. Executing a legal search warrant involves using legally binding power on a legal entity within a specific jurisdiction. If property or entity is outside that jurisdiction then the laws do not apply. US and EU law give very, very, much a crap about their jurisdictions, and where property is (ie where data is located).
- closeparen 9y ago
  Whether US jurisdiction applies to data held by US companies outside the US has so far depended on which court you ask, and appears to be leaning towards "yes." Certainly the citizenship of the entity holding the data matters, and from the GDPR's perspective, the citizenship of the data subject matters, but the "location" of the data itself has (maybe) mattered for about 2 years, and may not anymore after this works its way through the system. See, for example: https://arstechnica.com/tech-policy/2017/09/feds-google-stops-challenging-most-us-warrants-for-data-on-overseas-servers/ https://arstechnica.com/tech-policy/2017/09/feds-google-stop...