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Outline

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Introduction
Brief restatement of facts
Issue
Arguments
a. Nature of cloud
b. Compelling of production of data constitutes search and seizure
c. Extraterritorial reach of Cyberexpanses law
d. Cyberexpanse has no basis to compel GlobalReach to produce data no
longer stored within its territory
e. A state has no right to enforce its laws in another country without that
country's consent (US vs Blanco)
f. GlobalReachs clients have a reasonable expectation of privacy

Introduction
Law is often criticized for its failure to catch up with technology. As the gap between the
two widens, the law cannot be too envious as to disregard established and fundamental rights in
an attempt to eclipse the progress technology has made.

Facts
After a series of terrorism-related activities in State Cyberexpanse, its government
enacted security measures, one of which was a new law requiring companies involved in
telecommunications and data storage to allow its police and security authorities to access
whatever such data establishments may have in their centers or other related facilities.
GlobalReach, a leading cloud-based data storage company, abandoned its main office in
Cyberexpanse. But still, Cyberexpanse authorities demanded that data stored by GlobalReach in
other countries be made accessible to its police and security personnel, citing a provision in its
new law which allows them to do so.

Issue
Can the government of Cyberexpanse compel access to data or communications
originating from other countries and which are no longer stored in data centers located within the
territory of Cyberexpanse?

Argument
The answer to the above question is in the negative. The government of Cyberexpanse
has no authority or right to compel GlobalReach to turn over data or communications originating
from other countries which are no longer stored in data centers located within the territory of
Cyberexpanse.
Nature of cloud computing
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