Thread

1. carefree-bob · 1789593500 · focus · HN ↗

   This is the flipside of data residency requirements that countries are now starting to require. If the EU wants to keep data in the EU, then great, but when the war comes and energy and infrastructure are hit, people would have wished for backups in North America, Asia, and the middle east.

   1. watwut · 1789593945 · focus · HN ↗

      War did not randomly came. America intentionally caused it.

      And has lawless goverment and unaccountable tech industry making it bad place for data.

      1. aprilthird2021 · 1789594236 · focus · HN ↗

         I wonder if Amazon can sue the US govt bc they basically caused this material loss to their business. I'm sure they cannot. Maybe a lawyer can explain why?

         1. toast0 · 1789623364 · focus · HN ↗

            I'm not a lawyer, but this seems like a difficult case.

            For one thing, regardless of what the US did, they did not launch the attack that damaged the datacenters. That attack was provoked by US actions, but the attack was an intentional and voluntary act by Iran/IRGC. I don't think any of the usual settings for liability for the acts of others really apply here, but I'm not a lawyer.

            You'd also need to find a court of competent jurisdiction. The US is out because of soveriegn immunity. The Military Claims Act prohibits claims that "arise from action by an enemy or result directly or indirectly from an act of the armed forces of the United States in combat" [1]. The Federal Tort Claims Act bars "any claim arising in a foreign country" as well as "any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war" [2] and precedent recognize a state of war without a declaration.

            The courts in the country where the data centers were attacked might not be interested in addressing conduct of the US that didn't happen in their country. The courts in Iran are likely to consider the attack on the data center a legitimate act of war and not a tort; anyway good luck collecting against the US with a judgement from an Iranian court.

            Amazon might have a better time making a claim against Iran, in the court where the attacks took place, but good luck collecting a judgement. Maybe a case in the International Court of Justice, but those have to be submitted by a country and involved countries must consent.

            [1] <a href="https:&#x2F;&#x2F;uscode.house.gov&#x2F;view.xhtml?path=&#x2F;prelim@title10&#x2F;subtitleA&#x2F;part4&#x2F;chapter163&amp;edition=prelim" rel="nofollow">https:&#x2F;&#x2F;uscode.house.gov&#x2F;view.xhtml?path=&#x2F;prelim@title10&#x2F;sub... chapter section 2734 (b) (3)

            [2] see page 28 and 29 of <a href="https:&#x2F;&#x2F;www.congress.gov&#x2F;crs_external_products&#x2F;R&#x2F;PDF&#x2F;R45732&#x2F;R45732.8.pdf" rel="nofollow">https:&#x2F;&#x2F;www.congress.gov&#x2F;crs_external_products&#x2F;R&#x2F;PDF&#x2F;R45732&#x2F;...

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