@andrewkwoods: No, The Canadian Supreme Court Did Not Ruin the Internet

Global takedown orders with no limiting principle are indeed scary.  But Canada’s order has a limiting principle.  As long as there is room for Google to say to Canada (or France), “Your order will put us in direct and significant violation of U.S. law,” the order is not a limitless assertion of extraterritorial jurisdiction.  In the instance that a service provider identifies a conflict of laws, the state should listen. Under longstanding conflicts of laws principles, a court would need to weigh the conflicting and legitimate governments’ interests at stake.  The Canadian court was eager to undertake that comity analysis, but it couldn’t do so because the necessary ingredient was missing: there was no conflict of laws.

Google’s response to this sort of regime, as Daphne Keller points out, is that it would require them to identify potential conflicts of laws.  I’ll leave it for another time to address whether such an extraordinarily wealthy company can manage the heavy burden of determining whether it can comply with a given legal order… but I suppose you can guess what I think.

Read the post on Lawfare

 

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