They’re Australian but have offices in other countries. I believe they would move for the right reasons. This seems like a pretty big reason, considering they’re targeted at enterprise. But move where? UK will have this next, America does this without any laws at much greater effect and scale.
They'd need the system admins, CI infrastructure and code review team to be in a jurisdiction free of this kind of thing, and then treat all changes subject to laws like these as hostile
The alternative is sell software that everyone knows has backdoors. Pretty hard business case to make
California. I had to agree to some changes to their ToS the other day (for Bitbucket) in which I agreed to dispute resolution under California law. I suppose that's a pretty good indication of their thinking. It's not like this legislation is unexpected or sudden.
No, the new law has no judicial review and has a few other things that wouldn't fly in the US. It's markedly worse (though don't get me wrong, the US definitely has it pretty bad in this area too).
You say that like FISA Courts are actually judicial review and not rubbing stamps... where you win is that you have a stronger set of rights and case law about it.
The difference is that there isn't even fake judicial review. And I disagree that we have a stronger set of rights -- the difference is that the NSA explicitly ignores your constitutional rights.
All of our rights (other than the right to a jury for certain criminal trials, freedom of religion, the aquisition of property must be 'on just terms', the right to be a senator if you can vote, and the right to vote in federal elections) are in common law. This means that any new law can overturn those interpretations.
Personally I think Australia needs to push for a constitutional bill of rights. Unfortunately this is going to be a very hard battle to win, given the enormous requirements to get a constitutional amendment passed.
