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by troupo 787 days ago
> I find questionable. It is too blanketed. There are international criminals afoot after all. Red Letters do have their purpose as do international treaties for law enforcement to cooperate across borders in a bespoke manner in accordance with their and international laws.

There's a difference between "Hey, France, we would like this info on a known criminal" and "U.S.-based companies have to turn over all data on any person regardless of that data location or the nationality of the person in question".

That's basically the basis for both Schrems I and Schrems II.

Edit: See also CLOUD Act https://en.wikipedia.org/wiki/CLOUD_Act

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The CLOUD Act primarily amends the Stored Communications Act (SCA) of 1986 to allow federal law enforcement to compel U.S.-based technology companies via warrant or subpoena to provide requested data stored on servers regardless of whether the data are stored in the U.S. or on foreign soil

--- end quote ---

1 comments

> ... via warrant or subpoena to provide ....

This is crucial. Legal due process. Also

> ..... U.S.-based technology companies ....

Other jurisdictions have something similar, every company must adhere to the laws of the jurisdiction they want to operate in. You don't like it as a company, not a problem just don't incorporate in the US and live with the repercussion.

There is nothing that suggests that it is out of the ordinary or malicious.

Where it becomes interesting is access without a warrant, or with a muzzle attached, at large scale. That is the clandestine stuff. The purview of intelligence agencies.

That has been addressed by the EU with legislation; privacy shield was not really the hit, but guess what: MS complied. https://www.reuters.com/technology/microsoft-roll-out-data-b... so spooks from the US will now have a harder time accessing user data at scale without a warrant.

> This is crucial. Legal due process.

That is entirely US-based and ignores any laws or regulations of other countries.

> Other jurisdictions have something similar, every company must adhere to the laws of the jurisdiction they want to operate in.

The key: operate. The US claims data from those companies even if the data and the operations happen in foreign countries.

> That has been addressed by the EU with legislation

EU legislation does not negate US laws. CLOUD Act is still there. And that is a huge issue for any country dealing with US companies.