4 ms·
Is it that clear-cut? The "actors" would be companies with a business presence in the USA. It's the data that is stored outside the country. I suppose the clos
by rebuilder 7y ago
Is it that clear-cut? The "actors" would be companies with a business presence in the USA. It's the data that is stored outside the country.
I suppose the closest equivalent would be financial assets, e.g. funds held in bank accounts. Can a court in the USA order a US company, or one doing business in the USA, to hand over assets held in a foreign bank account?
- gmueckl 7y agoYour question is missing an imprtant stipulation: "when it is illegal for the bank to execute that order under the laws of the country in which the bank account resides." In this case, compliance with the court order is simply impossible. No ifs, no buts.
- tzs 7y agoThe bank wouldn't be the one executing the order. In a situation analogous to a CLOUD Act situation, the account holder would be ordered to withdraw the money from his foreign account and turn it over. To the foreign bank, it is no different than any other customer withdrawing money from their account.
- gmueckl 7y agoNo, the client gives the order and the bank executes it. If the order is unlawful for the bank, they cannot execute it.
- rebuilder 7y agoI'm not sure that matters to a government. It certainly matters to the company on the receiving end of such an order, but is a sovereign state going to let other states' legislation pre-empt their own?
- pjc50 7y agoThat's an easy one: yes. To make it a good analogy you'd need an injunction preventing them from doing so in the bank's country.
- rebuilder 7y agoWould that change the situation in terms of what the US government can require?