From Fastmail.
Australia does not have any equivalent to the US National Security Letter, so we cannot be forced to do something without being allowed to disclose it.
It has been pointed out to us that since we have our servers in the US, we are under US jurisdiction. We do not believe this to be the case. We do not have a legal presence in the US, no company incorporated in the US, no staff in the US, and no one in the US with login access to any servers located in the US. Even if a US court were to serve us with a court order, subpoena or other instruction to hand over user data, Australian communications and privacy law explicitly forbids us from doing so.
It might be possible for the US government to lean on the Australian government or other international legal body to compel us to hand over data but this likely to be an expensive, time-consuming and highly visible process. In our opinion those barriers make it extremely unlikely to happen.
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