Actually, having an LLC appears to increase my ability to defend against it
the Act provides a mechanism for a communications provider to challenge the order if disclosing the data would risk violating foreign law. Under the CLOUD Act, the legal protection of an individual’s rights depends on the objection by a provider. There is no direct mechanism for individuals to challenge an order under the CLOUD Act. A court will consider a provider’s challenge of an order for disclosure of data data and review the request under a multi-factor “comity” analysis to assess foreign and other interests at stake. However, U.S. court can require production of that data despite the objection, even where the laws of another nation would be violated.
By running it under an LLC I actually have a lawful mechanism to pull, not fool proof or airtight obviously, but it’s something I wouldn’t have without the LLC
Incorrect. You would have no problem whatsoever if you had no company and just hosted in europe.
Companies under the cloud act only have the ability to disagree if the country in question has an agreement with the us which currently only great britain has.
You would have no problem whatsoever if you had no company and just hosted in europe.
As an individual it would be so much worse, what are you talking about? They’re not going to go “Oh you’re an individual hosting in the EU, guess there’s nothing we can do”
Companies under the cloud act only have the ability to disagree if the country in question has an agreement with the us which currently only great britain has.
That’s only applicable for the other way, e.g. Britain (as an example) requesting data from a US provider. There are 2 parts to the act, part 1 is for the SCA to be amended so that the US can compel US companies to turn over data stored overseas and part 2 authorizes the entering of these agreements with foreign governments so when those governments wants data from a US company for their citizens they can fast track it.
The mechanism is always available if it’s the US wanting the data from a US company with overseas servers
Actually, having an LLC appears to increase my ability to defend against it
https://epic.org/the-cloud-act/
By running it under an LLC I actually have a lawful mechanism to pull, not fool proof or airtight obviously, but it’s something I wouldn’t have without the LLC
Incorrect. You would have no problem whatsoever if you had no company and just hosted in europe.
Companies under the cloud act only have the ability to disagree if the country in question has an agreement with the us which currently only great britain has.
As an individual it would be so much worse, what are you talking about? They’re not going to go “Oh you’re an individual hosting in the EU, guess there’s nothing we can do”
That’s only applicable for the other way, e.g. Britain (as an example) requesting data from a US provider. There are 2 parts to the act, part 1 is for the SCA to be amended so that the US can compel US companies to turn over data stored overseas and part 2 authorizes the entering of these agreements with foreign governments so when those governments wants data from a US company for their citizens they can fast track it.
The mechanism is always available if it’s the US wanting the data from a US company with overseas servers
It’s all right there in my link