US Supreme Court Case over Legal access to data stored in overseas server farms.

[Paul Rosenzweig]

With respect Giuseppe, the EU privacy directives are all conditioned by an overaching umbrella agreement between the US and the EU on law enforcement data sharing.  As I read the agreement it would permit compliance by US companies faced with a lawful US order, except in rare cases of an express contrary national law in a Member State of the EU.  

 

Of course, the ECJ my when confronted with the question reject the umbrella agreement as contrary to the ECHR.  But it has not yet done so and the European Commission will oppose that conclusion.  So your conclusion is, I think, at best premature.

 

Cheers

Paul

 

Paul Rosenzweig

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From: NCSG-Discuss [mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of Giuseppe De Francesco
Sent: Tuesday, October 17, 2017 5:27 AM
To: NCSG-DISCUSS at LISTSERV.SYR.EDU
Subject: Re: US Supreme Court Case over Legal access to data stored in overseas server farms.

 

If US companies violate in any way EU privacy directives (and this would be the case, big time) they'll be liable both for the criminal offense and the civil damage, thus I strongly hope none of them will comply with such order that undermines our EU sovregnity. No US law nor court decision can apply here in EU unless an EU court approves such an order, and that will be on a case by case basis.

 

On 17 October 2017 at 09:30, Raoul Plommer <plommer at gmail.com <mailto:plommer at gmail.com> > wrote:

They'd be smart to make overseas data inaccessible for the law enforcement at least on paper, because no one can actually monitor Microsoft et al whether they respect the decision. If they don't, there will be severe repercussions for the technology companies involved (Micorsoft, Google, FB, Twitter etc) and tech companies in other countries and their respective governments will demand the same rights.

 

-Raoul

 

On 16 October 2017 at 20:51, Sam Lanfranco <lanfran at yorku.ca <mailto:lanfran at yorku.ca> > wrote:

US Supreme Court Case over Legal access to data stored in overseas server farms.

http://www.sfchronicle.com/business/technology/article/Justices-to-hear-government-s-email-dispute-with-12281138.php

WASHINGTON (AP) — The Supreme Court agreed Monday to take on a major dispute over the government's authority to force American technology companies to hand over emails and other digital information sought in criminal probes but stored outside the U.S.

Sam L. 

 




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Giuseppe [Pino] De Francesco
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