09-28-2006, 08:25 AM
A Brazilian federal court wants Google to hand over data about users of the Brazilian Orkut service, but Google will respond with a brief that refuses the request.
In requesting that the Brazilian Court employ appropriate legal channels to order the turnover of information on Orkut users, Google protected it's rights, it's clients' rights, and stood up for the rights of US businesses and citizens at large, believe it or not.
Although the Brazilian judge obviously disagrees, the fact remains that Google, being a company owned and operated in the United States, is under the jurisdiction of the United States, and to submit international court orders without proper procedure may, in fact, constitute an act of treason against the United States.
Since when does the Brazilian judicial system have jurisdiction over US businesses and citizens?
That the users in question are Brazillian makes no difference. The "store" is located in the US, is owned and operated within the US, in essence, those users are virtually travelling to the US to conduct their business, their vehicle being their computers.
I think the Brazilian judge's reasoning lacks wisdom and understanding, although I sympathise with the reasoning behind his orders.
For Google to give in to those orders, and for the US Government to allow it, would then set a legal precedence that could very well jeopardize the legal protection of every US business and citizen in the country.