Question 1

Trade Secrets Inc.hosts client accounts in servers located in foreign countries.The U.S.government issues a warrant to obtain e-mails related to a possible criminal case from one of those accounts.Before a court,as part of a refusal to comply with the order,Trade Secrets's best arguments include that the warrant

A)threatens the privacy of U.S.citizens.
B)all of the choices.
C)exceeds the power of the government to conduct a reasonable search.
D)will cause the firm to lose business because its clients will no longer trust it to keep their data secret.

B

Accepted Answer

Both options A and C are valid arguments that Trade Secrets Inc. could use to refuse to comply with the warrant. Option D may be a valid concern, but it is not a legal argument against the warrant. Therefore, option B, which includes all choices, is the best answer.

Question 2

Outlier Inc.hosts client accounts in servers located in foreign countries.The U.S.government issues a warrant to obtain e-mails related to a drug case from one of those accounts.Outlier refuses to comply.On the government's appeal,it is most likely that a court will

A)order the owner of the account to "stand and deliver."
B)order Outlier to comply with the warrant.
C)order the government to abide by Outlier's refusal.
D)order the foreign countries to seize Outlier's servers.

B

Accepted Answer

Outlier Inc. may be subject to U.S. jurisdiction if it does business in the United States, but it is still subject to the jurisdiction of the country where the servers are physically located. However, if Outlier has physical presence in the United States, such as an office or employees located in the U.S., then they may be compelled to comply with the warrant. In any case, the U.S. government can seek assistance from the foreign country to obtain the requested information. Therefore, it is likely that a court will order Outlier to comply with the warrant.

Deck 42: Global Insight: Does Cloud Computing Have a Nationality?