Re:The era of borderless data is ending
by eqvinox on Friday May 27, 2022 @08:02AM
(#31528527)
> How would you define "generated"?
Data is generated in the location where a human user interacts with the system, whether that be with a fully local system, some random website with a server in who-knows-where, or just configuring a domain for e-mail.
(Yes, AI actions are a separate can of worms.)
> > The foreign country itself doesn't really matter
> Of course it matters.
It doesn't for suing for rights, that's the point of generation-based legal authority. The legal transaction is taking place in the user's location, and by offering services there, you are agreeing to the local legal framework.
> Arguing that doing business establishes a legal nexus with someone of a particular citizenship opens up a massive can of worms about whose law applies where.
This is already the case, except with location and not citizenship. Safe harbor agreements just used to make this much less of an issue until they disappeared. You really can't expect to do business somewhere without adhering to the local legal framework.
Data is generated in the location where a human user interacts with the system, whether that be with a fully local system, some random website with a server in who-knows-where, or just configuring a domain for e-mail.
(Yes, AI actions are a separate can of worms.)
> > The foreign country itself doesn't really matter
> Of course it matters.
It doesn't for suing for rights, that's the point of generation-based legal authority. The legal transaction is taking place in the user's location, and by offering services there, you are agreeing to the local legal framework.
> Arguing that doing business establishes a legal nexus with someone of a particular citizenship opens up a massive can of worms about whose law applies where.
This is already the case, except with location and not citizenship. Safe harbor agreements just used to make this much less of an issue until they disappeared. You really can't expect to do business somewhere without adhering to the local legal framework.