If an US law enforcement officer wants to tap an American citizen internet account, the officer must play by the books. But If the US officer wants to wiretap an Italian citizen whose account is hosted in the US by an US company, does the USofficer need to respect the US regulations, or, since the target is a foreigner, he’d be free to play as he wishes? As far as I know, the answer is a sound “no”: the law enforcement officer must always comply to the US regulation (at least because the company that hosts the account is american and it is established on the US soil.)
A (scarying) implication is that since the US law is the one that rules the game, the Italian citizen cannot ask for personal jurisdiction. In other words, for instance, he has no right to know if he’s under investigation (as he had, if the investigation was conducted in Italy). Then, once the US authorities have accessed the US hosting ISP – gathering information about the foreigner – they seems to be free to share that information with other countries law enforcement bodies. This creates a “system” in which the police can ask the colleagues with the weakest jurisdiction to collect information (in full compliance with a weak legislation) and then having all of the information sent back to them.
It is just a nightmare?