Re:United States v. Microsoft Corp. Dismissed [pdf]
by jiveturkey on Tuesday April 17, 2018 @12:26PM
(#16859798)
No. per your own quote, it "just" extends discovery protections to data held outside the US. So you can't deny the US government access just based on the data being offshore. It's captured in the first paragraph of the decision:
> a U. S. provider of e-mail services
must disclose to the Government electronic communications
within its control even if the provider stores the
communications abroad.
The requirement to backup, preserve or disclose is exactly the current requirement for data in the US, and only applies at the provider is given notice to produce evidence. It means the provider cannot destroy evidence once compelled to produce it. It doesn't mean you are required to preserve data "just because".
> a U. S. provider of e-mail services must disclose to the Government electronic communications within its control even if the provider stores the communications abroad.
https://www.congress.gov/bill/115th-congress/house-bill/4943...
The requirement to backup, preserve or disclose is exactly the current requirement for data in the US, and only applies at the provider is given notice to produce evidence. It means the provider cannot destroy evidence once compelled to produce it. It doesn't mean you are required to preserve data "just because".
It also only applies to data > 180 days old.