Quote:
Originally Posted by eschwartz
Regardless, the US is fully within its rights to demand anything they want within the US legal system from the US employees.
You are, however, doing an excellent job of explaining the dilemma Microsoft is in regarding breaking US law to follow Irish law. Now just go one step further and repeat after me: "Additionally:
"And even though employees' in Ireland could deny access to the information, if employees in Ireland do not allow it the US employees would be breaking the law, which means that the Irish court can't ask MS to break US law in the US by not giving the information to the US court."
I would like to point out that MS exists both in the US and in Ireland at the same time. The data center where the information is accessible is in the US, and under US jurisdiction. Irish courts have no business telling MS what to do with the data accessible in the US.
And now, hopefully, you have gotten an idea of how there is no solution for MS. Anything they do will automatically break the law somewhere.
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Since the data is in Ireland, the employees who have control of the US employees access to the data are in Ireland, and the order is aimed at those that control the data. Since the US court doesn't have jurisdiction over the people in Ireland the order does not apply.