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Cybersecurity, Law Enforcement And Digital Protectionism (Mutual Legal…

- - - - Would required request via the foreign gov, even if about a US citizen and a US crime
      - hard to work out where the data is stored
      - foreign gov where data is might not cooperate
      - also there is an incentive for bad actors to have data held outside US
    - - Once have jurisdiction over provider then any country could demand access to all data no matter where it is held
      - Would also reduce privacy
    - - Have to disclose all data in possession no matter where located except when
        
        Data vis on a foreigner not located in the US
        
        creates a conflict with the qualifying government
        
        the courts are to weigh the importantce of the data and the extent that it can be accessed using other means
        
        This act has GDPR implications
      - Access to data held by US gov
        
        substantial procedural requirements
        
        can make direct requests to provider rather than via MLAT
        
        only available for foreigners located outside USA
        
        for all US citizens, residents, must follow MLAT (mutual legal assistance treaty)