Reply to post: Re: "Microsoft maintains that the data is secured under EU data protection laws"

Roll up, roll up: Microsoft, those Irish emails and angry Feds

Anonymous Coward
Anonymous Coward

Re: "Microsoft maintains that the data is secured under EU data protection laws"

True. The amendment itself does not specify it. The issue arizes from the way courts have interpreted "jurisdiction" as requested by clause 1.

Effectively, they have applied the widest possible interpretation to the opening phrase of that clause.

It states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof". This is interpreted (with 100 years of precedent to back it up) as "are subject to the jurisdiction thereof". This is also applied regardless of location.

Later decisions of the supreme court granting person-like rights to corporation have resulted in this extended to corporations as well. So it is indeed "14th amendment as interpreted by the courts". This is further extended to anything and everything that can be proven to have as much as a toehold in the USA too.

POST COMMENT House rules

Not a member of The Register? Create a new account here.

  • Enter your comment

  • Add an icon

Anonymous cowards cannot choose their icon