4 ms·

Okay, reading the subpoena linked in the original article, it appears that Cook County, Illinois is trying to subpoena a company in Romania. IANAL, but I didn't

by korethr 12y ago

Okay, reading the subpoena linked in the original article, it appears that Cook County, Illinois is trying to subpoena a company in Romania. IANAL, but I didn't think an entity in one country could compel anything of another entity in another country without getting the governments of both involved. So, what was the point of this subpoena? Did a clerk somewhere fail to realize that Romania isn't even on the same continent, much less in the same country? Or is there legal mechanisms involved that I'm not aware of?

wongarsu 12y ago
Maybe the receiver of the subpoena could be charged with contempt of court if he/she ever enters the US? Not sure if that's possible under US law.
- korethr 12y ago
  If a specific person were named, I could see that possibly happening if said person were to ever set foot in the US (or maybe just Illinois). But a company? That brings in additional questions. Would not Cook County have to prove that the person to be held in contempt had been employed by the company in question at the time of the subpoena? Wouldn't they also have to prove that responding to the subpoena would have part of said persons duties at said company? For example, if I were employed by EuropeCo in 2014 as an engineer on their Foomatic line of widgets, and travelled to the US next month for a conference, I don't think it should be possible for me to be held in contempt of court because someone didn't respond to a subpoena regarding EuropeCo's Baritron service. Yes, it's a silly and contrived example, but hopefully you get the idea. But again, IANAL.
  - aroch 12y ago
    I'm pretty sure Cook County would need to show some sort of nexus in order to compel, eg that significant business is done by the Romanian company in Cook County. Otherwise, anyone could break any laws so long as they didn't live in the place where they're breaking the law. As is, providing an anonymous an non-specific service to anyone doesn't really satisfy that.

by korethr 12y ago

wongarsu 12y ago

Maybe the receiver of the subpoena could be charged with contempt of court if he/she ever enters the US? Not sure if that's possible under US law.

korethr 12y ago
If a specific person were named, I could see that possibly happening if said person were to ever set foot in the US (or maybe just Illinois). But a company? That brings in additional questions. Would not Cook County have to prove that the person to be held in contempt had been employed by the company in question at the time of the subpoena? Wouldn't they also have to prove that responding to the subpoena would have part of said persons duties at said company? For example, if I were employed by EuropeCo in 2014 as an engineer on their Foomatic line of widgets, and travelled to the US next month for a conference, I don't think it should be possible for me to be held in contempt of court because someone didn't respond to a subpoena regarding EuropeCo's Baritron service. Yes, it's a silly and contrived example, but hopefully you get the idea. But again, IANAL.
- aroch 12y ago
  I'm pretty sure Cook County would need to show some sort of nexus in order to compel, eg that significant business is done by the Romanian company in Cook County. Otherwise, anyone could break any laws so long as they didn't live in the place where they're breaking the law. As is, providing an anonymous an non-specific service to anyone doesn't really satisfy that.