Danie Sharpe

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domiciled in State A that stores its data in State B. State C, as part of its law enforcement activities, wants to access that data. The Experts agreed that the consent of State A is insufficient to permit remote access by State C to the data in State B. Remotely accessing the data would be an exercise of enforcement jurisdiction by State C in State B that necessitates a specific allocation of authority under international law or State B’s consent. However, the Experts likewise emphasised that State A may exercise its jurisdiction over the entity and, for example, require it to provide the ...more
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations
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