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

Tue Oct 17 12:57:25 EEST 2017

Dear Giuseppe

I certainly don’t disagree with you that as a matter of policy Europeans may change their purchasing preferences.  I was addressing what I thought you were saying (perhaps I was wrong in understanding you) that American companies responding to law enforcement requests were at legal risk.  Given the US-EU agreement, they are not … at least not at this moment.

Paul

Paul Rosenzweig

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From: Giuseppe De Francesco [mailto:defrancescog at gmail.com] 
Sent: Tuesday, October 17, 2017 11:59 AM
To: Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com>
Cc: NCSG-DISCUSS at listserv.syr.edu
Subject: Re: US Supreme Court Case over Legal access to data stored in overseas server farms.

Paul, allow me to submit that the very second that I, as an EU citizen, come to know that I'm going to be subject to US laws I will move to EU suppliers. This will kill US business quite quickly. Moreover, countries like Germany, UK, ireland, France are strong about having their data hosted in their own jurisdiction exactly to be in charge and in control of what they authorize. We in EU have been discussing this for a long time, and there is general agreement not to submit to US or any other foreign law. This is very important here, so if US wants to boost EU data business and kill US presence then be my guest :)

Regards,

Giuseppe

On 17 October 2017 at 14:57, Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com <mailto:paul.rosenzweig at redbranchconsulting.com> > wrote:

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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M: +1 (202) 329-9650 <tel:+1%20202-329-9650> 

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From: NCSG-Discuss [mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU <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 <mailto: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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