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by Irish 4309 days ago
I don't think the foreign country would care unless it was data that was owned or related to an entity in that country.

Its an american owned and operated data center in Irelend (where I live). Presumably the email is 'owned' by an american and the case involves all american actors(cant really make that assumption I guess) so there dosn't seem to be anything to spark the interest of the Irish legislature. Unless you make the leap to the point that now america can just demand ALL the data in that data center which you certainly could.

This isn't really the same as a warrant either is it? They are not demanding to be allowed access to or to search the data center. Microsoft in America is being ordered to hand over a document that they have access to, where that document is seems irrelevant (just playing devils advocate).

Also the chances of any small to medium sized nation (particularly Ireland) getting on their high horses about this is quite unlikely due to the amount of money these large multi-nationals bring here. In fact if this is upheld I imagine it would be another boon for Ireland as the american companies will have to set up even more infrastructure so that they can argue that its a completely separate entity that they simply funnel customers to or whatever. If the companies act first they could even get favorable Irish legislation passed to prevent the type of treaty talked about in the article (although this would be a pretty ballsy move for Ireland)

2 comments

Presumably the email is 'owned' by an american and the case involves all american actors(cant really make that assumption I guess)

Indeed, sounds like a dubious assumption to me.

It is the EU notbIreland that sets the framework for the legislation. Ireland has little choice.