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by AlanYx 220 days ago
FISA and the Stored Communications Act as modified by the CLOUD Act don't distinguish between (i) parent company overseas + US subsidiary and (ii) parent company in US + foreign subsidiary. In both instances the US asserts personal jurisdiction, extending to wherever the data is stored geographically.
1 comments
fukka42 220 days ago
The US has no authority whatsoever over a foreign parent company. The US subsidiary also has no access to "foreign" data.
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potsandpans 220 days ago
The US by and large can (and does) assert authority outside of its jurisdiction, from which another country can choose to capitulate.

Most of the time countries do, because they are all swapping data on their citizens between themselves to skirt various laws.

In the case where the US really wants something, and the country won't yield, they'll fund contras or destabilize the government (if small enough to be bullied) or impose sanctions so drastic it's effectively a soft act of war.

This is all to say that, the US has nearly unlimited authority while it stands as the world's defacto superpower.

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thewebguyd 220 days ago
The unfortunate truth, 300,000 years later and humans still operate on "might makes right" whether militarily, or economically.
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fukka42 219 days ago
If the violent, untrustworthy, Americans choose to go to war with their former allies over some data then that's their choice. Better than just giving these warmongers everything they want.
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fukka42 220 days ago
They can assert what they want, they have no way to enforce it.

Pretty funny you're jumping straight to warfare. This proves why Americans cannot be trusted.

In any case, it's better for me that the Americans will need to start a war with the EU to get at my data instead of just giving it to them.

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potsandpans 220 days ago
We agree, I'm not saying anything is good or desirable. Just pointing out, this is how they achieve overreach: coercion.
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segfaultex 220 days ago
I'd argue that placing faith in any large institution is folly. Especially when that institution has a bunch of perverse incentives to act immorally.

Any nation with any amount of leverage has abused it.

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