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Old 5 Jan 2019, 08:24 AM   #25
ioneja
Cornerstone of the Community
 
Join Date: Jul 2011
Posts: 713
Quote:
Originally Posted by Terry View Post
But the F/m servers are in the US along with all the data so are they governed by Australia law or US Law?
Does it matter at this point? And it depends on what aspect you're talking about. There are probably some subtle nuances as to which legal instrument the US or Australian government might use to access the physical servers, the NYI datacenters where they are located, the business entity of FM itself, the end users, the data itself, any data that flows internationally, etc., etc... if anything, this law just opened a Pandora's box of possibilities that the law enforcement and intelligence agencies are probably drooling over.

The more I learn about it, the more I realize this new Australian law is so terrible and insanely stupid I can't even believe the parliament voted for it. I don't see any real, meaningful oversight mechanism... at least in the US we have judicial oversight (and yes, we even have a lovely secretive FISA court, but it's still a court, right?!?!)... the Aussies just blew right past that and set a new low.... what in the world just happened? And did you read about the whistleblower provisions? It's positively draconian. The language is so vague and subject to interpretation... and tramples so thoroughly on due process, I don't see how any company that values their data ANYWHERE will ever trust an Australian IT company at this point... and any big international service that operates in Australia is going to have to deal with this one way or another. What a mess. Even on a business level, the Australian government just lobbed a giant bomb at their own IT industry.

In fact, the more I think about it, the more I'm certain I'll be migrating away from FastMail, unless Australia comes to her senses.

If I were involved with FastMail, I'd be signing on to any huge lawsuit right now against this law... oh, but wait, Australia doesn't have an actual Bill of Rights... so I guess the legal battle will be that much more difficult...

Or, I'd be packing up my bags and moving FastMail to a better jurisdiction.
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