8 Replies Latest reply on Oct 16, 2012 11:53 AM by Dave Merchant

    EchoSign: Protected under US law?

    J_Shoe Level 1

      I deal with sensitive/personal information and I understand that EchoSign is hosted at Rackspace; can you tell me if my stored information is compromised from one of their out-of-country (Non-US) servers and a liable suit is filed against me, would it be handled under US law?

        • 1. Re: EchoSign: Protected under US law?
          MichaelKazlow MVP & Adobe Community Professional

          No one here can tell you about the laws of unnamed foreign countries. If American law says American law holds and another country's law says you are liable there, their law will hold in their country.

          • 2. Re: EchoSign: Protected under US law?
            J_Shoe Level 1

            Hey Michael,

             

            My (first) concern isn’t what I’ll be charged with, it’s where can I be charged? Let’s say an EchoSign server located in Hong Kong is compromised (which contains some of my stored files), and a client of mine holds me responsible for their information being stolen. Could I be charged in China because of where the server is physically located?

            • 3. Re: EchoSign: Protected under US law?
              Test Screen Name Most Valuable Participant

              (Caveat: I don't think anyone here is a lawyer or can offer legal advice of any kind. But we can offer lay opinion and anecdotes. If you want legal advice, pay a lawyer.)

               

              A country can pass whatever laws it pleases, affecting anyone it pleases. It used to be considered impolite to pass laws affecting people who never visited that country, but times are changing. Even if someone did an exhaustive check of all of the laws currently in place in the world, that is no protection for the future. A legislature in China could pass a law making it an offence for me sitting in England to type the word jabberwock. I might argue that I don't care because there is no extradition treaty (today) and I wasn't planning to visit China. Or not.

               

              If you were in the EU, the rules about looking after personal data (NOT business data which doesn't concern people) are strict. You would be responsible for keeping it secret AND protecting it from damage or destruction, without limitation. You'd need explicit agreement from a client/customer before any of your data left the EU - so EU people need to ask "Where are the servers? Do you promise to keep them there? What are your security precautions for live and deleted data?" of any service where personal data is stored. But these laws affect people living or trading in the EU, not foreign nationals.

               

              But that's the criminal law. If your client is "holding you responsible" for something, that is civil law. And someone can sue you wherever it suits them, for pretty much anything it seems. For example people have been sued for libel in the UK for books published in the US. Within the US, people sue in the states where juries have a record of finding in favour and giving big awards. The key here is to have sufficient insurance, and you might like to ask this question of your insurers. I'm sure it will make their day.

              • 4. Re: EchoSign: Protected under US law?
                J_Shoe Level 1

                Please, don’t get me wrong. I’m not trying to get in a lengthy discussion about the law. As a potential EchoSign customer, I’m just trying to foresee any possible problems I could encounter. The last thing I want to do is talk to an attorney

                • 5. Re: EchoSign: Protected under US law?
                  Dave Merchant MVP & Adobe Community Professional

                  All questions relating to Adobe Echosign must be addressed via the Echosign website - these forums do not currently support the service.

                   

                  See http://www.echosign.com/public/static/support.jsp for support and contact information.

                  • 6. Re: EchoSign: Protected under US law?
                    Test Screen Name Most Valuable Participant

                    Ah, but if you ask questions about the law, then any reply could be taken as legal advice. I understand it is illegal in many countries and US states to offer unqualified legal advice. That's not legal advice either, it's just something I heard. But if you ask in a public forum about the law you can expect a LOT of disclaimers from those brave or foolish enough to answer, and you'll get far fewer replies than you might imagine.

                    • 7. Re: EchoSign: Protected under US law?
                      J_Shoe Level 1

                      Would it be considered advice if an offense has yet to be committed? Or just a conversation? Also, does anyone know when the EchoSign Forum is going to be up and running?

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                      • 8. Re: EchoSign: Protected under US law?
                        Dave Merchant MVP & Adobe Community Professional

                        Refer to my previous reply. This is not the right place to discuss EchoSign and the legality of Adobe services.