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> 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 tar
by 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 agoWhether 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...