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Originally Posted by taustin
That is what creates the conflict, yes.
US law says otherwise.
I would imagine that no action is required on the part of any Irish employees for US employees to access the information, so "allow" is a meaningless word in this context.
US law says otherwise.
There is another simple action, as well. The US prosecutor could make use of the treaty established specifically to cover this sort of thing by going to the Irish court and getting them to endorse the order.
You are, once again, demanding that Irish law take precedence over US law in a US court. This order is not even controversial under US law. It is naïve to expect what you expect.
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Yes, the US prosecutor could make use of the treaty established specifically to cover this sort of thing by going to the Irish court and getting them to endorse the order, because this is a matter for the Irish court to decide.
Quote:
Originally Posted by taustin
Beyond taking the data center offline, or at least significant parts of it, why do you believe that?
Well, there's your error. The order is not aimed at those that control the data. It is aimed at those who have access to it [B]who are subject to the court's authority.
US law says otherwise. You can keep repeating that mantra for as long as you want, it simply isn't true. There is nothing controversial or questionable about the order under US law. It is very straight forward, clear cut law, that has been in place for years. Wanting it to be otherwise won't make it true, no matter how much you, the prosecutor or the judge desire it.
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The judge stated that "It is a question of control, not a question of the location of that information". It is not a matter of access, it is a matter of control.
In order for the data to be accessible in this situation to US employees for the purpose of giving it to the court, the software that protects the data in Ireland must allow it, and that would be illegal in Ireland.