US government sues uses SCA to request data held overseas by an American company. Court rules that US government under SCA has no jurisdiction to request data held overseas, even if by an American company.
In this case, WhatsApp does not operate in Brazil. They do not have a legal entity in Brazil. A Brazilian judge has exactly zero jurisdiction over WhatsApp.
Sure, it is in the judge's power to blackmail the company by ordering other companies to block it. But the judge still has zero authority over WhatsApp.
The correct way for the judge to proceed would be to use the Mutual Legal Assistance treaty between the US and Brazil to request the data through the US Government and judicial system:
http://www.state.gov/documents/organization/106962.pdf
From Art. I, assistance shall include:
(f) executing requests for searches and seizures;
Which would be subject to US laws, therefore, probably wouldn't happen.
US government sues uses SCA to request data held overseas by an American company. Court rules that US government under SCA has no jurisdiction to request data held overseas, even if by an American company.
In this case, WhatsApp does not operate in Brazil. They do not have a legal entity in Brazil. A Brazilian judge has exactly zero jurisdiction over WhatsApp.
Sure, it is in the judge's power to blackmail the company by ordering other companies to block it. But the judge still has zero authority over WhatsApp.
The correct way for the judge to proceed would be to use the Mutual Legal Assistance treaty between the US and Brazil to request the data through the US Government and judicial system: http://www.state.gov/documents/organization/106962.pdf
From Art. I, assistance shall include:
(f) executing requests for searches and seizures;
Which would be subject to US laws, therefore, probably wouldn't happen.