Amerikaanse wetgeving zoals de CLOUD Act (Clarifying Lawful Overseas Use of Data Act), de Foreign Intelligence Surveillance Act (FISA)5 en Executive Order 12333 komt te vallen?
section 702 is compulsory in the sense that, when the United States hasissued a directive to an electronic communication service provider that is authorizedby its annual certification to the FISA Court under section 702, the provider musteither (1) comply; or (2) challenge the directive in the FISA Court
FISA 702 Orders are compulsory - you either comply, or challenge.
If the provider challenges thedirective in court and loses, its failure to comply with the ensuing court order isexpressly punishable by contempt — which could include significant (accumulating)fines. See 50 U.S.C. § 1881a(i)(4)(G)
Contempt is how a 702 request is enforced. Question is, has there been a contempt order ever declared?
Another situation worth mentioning in this context is when a controller in the EU uses a processor inthe EU subject to third country legislation and there is a possibility that the processor will receivegovernment access requests and, thus, a transfer of personal data will take place if the processor actson such reques
This is the US Cloud ACT / FISA 702 clause