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Pastimes : Net privacy, that is the question.
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To: Jeffrey S. Mitchell who wrote (14)7/12/1998 9:04:00 AM
From: eWhartHog   of 43
 
I don't think SI, entirely American, would be obligated to follow an order from a Canadian court, however an ISP which does business in Canada could be in such a position. The ISP could argue against Canadian jurisdiction in a Canadian court, which would be expensive, or they could comply for almost no cost. If the ISP has no Canadian business activities or assets, they might ignore the order. Companies such as AOL, MSN, and Compuserve have customers in many nations, including Canada.

A US ISP or bulletin board would be required to follow any order from a court with jurisdiction, such as US federal courts. There is a case filed in US District Court for Southern NY regarding postings on the Internet Closed End Fund Investor board. ICEFI will have to disclose information as required by this court.

I recall more than 10 year ago a US federal judge wanted information about bank accounts in a Caribbean subsidiary of the Bank of Nova Scotia. He indicated BNS could be prohibited from doing business in the US if it did not comply. BNS did release the data to the US court, even though doing so may have violated the law of the Caribbean nation, and the accounts were with a separately incorporated bank. A company with assets in the jurisdiction of a court can be forced to follow that court's orders on worldwide activities if it doesn't want the expense of fighting the orders.
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