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Originally Posted by Jacinto
However, it is my understanding that, in spite of being an Australian company, its physical servers are colocated in New York City.
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Correct.
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As such, there isn't much that Fastmail can do if/when a federal or New York State or New York City governmental agency with investigative and subpoena powers decides to ask for subscribers' records or, for that matter, seizes one or more of your servers.
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True, there's not much we can do. However its not actually possible for a US entity to serve us with a subpoena or other legal mechanism, as we don't have a legal presence in the US. In that situation they would have to pursue a different legal avenue (eg via some mutual assistance treaty) or ignore the legal process entirely and seize the servers, which would be very difficult to do quietly.
As noted in the privacy policy, we cannot guarantee that that your data can never be obtained by a third party. There isn't an online service provider on the planet that can legitimately make that guarantee. But we can and do take measures to ensure that if someone does want to get your data, they're going to have to go to significant effort to do so.
Its up to you as the customer to decide if the risks are acceptable to you. You may like to get your own private legal advice if the risks are a serious concern for you.