Comment by kube-system
1 day ago
Yes -- even Mullvad -- which is precisely why they do not collect the data. Because if they did have the data, they would have to give it over, or they could go to prison.
1 day ago
Yes -- even Mullvad -- which is precisely why they do not collect the data. Because if they did have the data, they would have to give it over, or they could go to prison.
who goes to prison, the whole company? What does Swedish law have of sending corporate employees to prison? Is it something we can import?
Typically, courts will summon a specific person to comply with their request, often a corporate officer or director with a role or authority relevant to what is being requested. If they don't comply with their request, they can be held in contempt.
The specifics vary by country, but basically all legal systems require you to comply with what they say and impose penalties if you don't. I don't know if there are any countries where it's legal to ignore the courts, but I would imagine that their court systems don't work too well.
Typically that would require uncovering the veil of the corporation and usually a limited company has safety provisions against these egregious acts.
Courts, in the US at least, can hold an officer of a corporation personally responsible for violating a subpoena order, if they were in a position to comply with it and chose not to. It's not technically a piercing of the corporate veil (because they are being personally ordered to comply), but it's effectively the same thing.
See Wilson v. United States
https://supreme.justia.com/cases/federal/us/221/361/