Federal Judges will routinely rule in favor of government to the point they just lack the comprehension that their rulings are destroying the world economy. There is no worse court than that of the Southern District of New York where judges claim the right to even alter the words spoken in court (see UNITED STATES v. ZICHETTELLO , pg 97).  Recently, U.S. District Judge Loretta A. Preska ruled from the bench on Thursday after hearing oral arguments in Manhattan.a court ruling involving Microsoft’s offshore data storage. Her ruling offers a valuable lesson on the long-arm reach of the US government-and what you can do to mitigate this political risk – just do not use any American firm.
Preska agreed with the US government, as always, that Microsoft must turn over its customer data that it holds offshore if requested in a search warrant. Microsoft had refused because the digital content being requested physically was located on servers in Ireland. Microsoft correctly argued that “a US prosecutor cannot obtain a US warrant to search someone’s home located in another country, just as another country’s prosecutor cannot obtain a court order in her home country to conduct a search in the United States.â€
Judge Preska naturally disagreed circumventing territorial jurisdiction completely. She ruled that it’s a matter of where the “control†of that data is being exercised, not where the data is physically located. This ruling is extremely dangerous for it states that effectively any American company operating offshore has no right under any other nation’s laws to circumvent US law or obey their’s. Therefore, the US law applies worldwide. Anyone with have a brain will conclude DO NOT DO BUSINESS with an American firm or its subsidiary.
At the time of the Revolution, you were the property of the king. If you were English and killed someone in Paris, the French were obligated to send you back to your owner (English king) stating you did this or that. Because the US revolted against monarchy, they refused to acknowledge such a king. Hence, territorial jurisdiction was born. If you violated US law, you were prosecuted here not returned to your king.