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Re: [Sks-devel] The pool is shrinking


From: Robert J. Hansen
Subject: Re: [Sks-devel] The pool is shrinking
Date: Thu, 15 Aug 2019 02:58:28 -0400
User-agent: Mozilla/5.0 (Windows NT 10.0; WOW64; rv:60.0) Gecko/20100101 Thunderbird/60.8.0

> Please have a read:

Did.

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.  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.

"GDPR Article 50 addresses this question directly."

No it doesn't.  Have you *read* Article 50?  "In relation to third
countries and international organisations, the Commission and
supervisory authorities shall take appropriate steps to..."

It doesn't enact *anything*.  All it says is, "We want the Commission to
do X.  We don't know if it's even possible to do X.  We don't really
care.  We're ordering them to do X anyway."

It's great to have aspirations, but Article 50 isn't even *law*.  All it
says is, "we're instructing our guys to look into it."

> If this applies to US companies do you think non-profit US SKS operators are
> excempted?

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

Doesn't apply to me.  Have a nice day.  :)



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