Re: [Sks-devel] The pool is shrinking

[Stefan Claas]

Robert J. Hansen wrote:

> I'm going to believe the privacy lawyer I pay $450 an hour to more than
> I'm going to trust a sketchy website that's not even officially
> affiliated with the EU.

Well, it was just one of many example sites, when one is googling
for "has the US comply to the GDPR". If one does the same he will
also find US sites giving US citizens advice.

> Quoting from it:
> 
> "You may be wondering how the European Union will enforce a law in
> territory it does not control."
> 
> Yep.
> 
> "The fact is, foreign governments help other countries enforce their
> laws through mutual assistance treaties and other mechanisms all the time."
> 
> Yep.  Except that in America, the government *can't* help enforce many
> parts of the GDPR.  The courts prohibit them from doing it.  You walk
> into an American court waving a GDPR writ and it doesn't matter how many
> EU bureaucrats sign it: if it intrudes on an American citizen's freedom
> of speech the government is prohibited from participating.  This is
> bog-standard American Constitutional law.

So as an example, US SKS key server operators do not have to honor
removal request (in this case shut-down the server) from EU citizens,
when they receive a letter from a lawyer?

I remember also that plenty of US sites (small and large), where I
did business with, asked for my consent as EU citizen, when they
changed their privacy policy once the GDPR took place.

> It does not apply to US companies, except those that have business units
> in the EU or have extensive business ties with the EU.

Has an US SKS key server operator then not 'business' ties with EU
citizens, when storing their personal data like name and email address?

And has Mr. Rude then the right to freely distribute this data, without
protecting it, to the whole world? If that is the case then EU citizens
having 'business' with the US can do the same with US citizens data.

Well, just my thoughts.

Regards
Stefan

-- 
box: 4a64758de9e8ceded2c481ee526440687fe2f3a828e3a813f87753ad30847b56
GPG: C93E252DFB3B4DB7EAEB846AD8D464B35E12AB77 (avail. on Hagrid, WKD)