So you think all the us apps keeps the data in local countries where they operate and us gov doesn’t have access to that data ?
You r living in fools paradise mate
The US government needs two things to access data:
- Cooperation
- Justification
The first item -- cooperation -- can be between the government and the company.
The second item -- justification -- means the government must explain to the court why it needs the data.
Even if there is an agreement of cooperation between the government and the company, usually the company would ask for justification anyway.
For China, the government needs neither. The government simply issue an order -- not a request -- but an order and the company must comply without asking for justification.
There are three types of law:
- Statutory
- Case
- Administrative
For what we are talking about, we are concerned with 'Statutory' and 'Administrative' laws.
Take this law: 'Do not perform X'. This is an example of statutory law. It is simple and direct. It is general and principled.
Now, take this law: 'Do not perform X
UNLESS it is a full moon, Venus is in the House of Mars, and it is midnight.' The 'unless' conditions for when it is permissible to perform X make this an 'administrative law'. An 'administrative' law is essentially a legal regulation that contains the what, why, where, and when details.
China's National Security Law is 'statutory'. It was written in general terms. It was not a mistake. It was written that way in order to give the government broad investigative and enforcement powers. If you have access to data and if the government orders you to give a, b, and c data, you must comply. It does not matter the geographical location of that data. If you have access to the US server, it is your data and you must comply. The law does not care if you own or can access the data or not. The law simply say that you must comply and if the investigator found out you have access to the US server, his power is broad enough that he can, in the name of the Chinese government, order you to access the US server. If you are a Chinese citizen, the law is broad enough to make you a spy for China and you must comply. That means if you do not own the data but can access the US server, you must comply.