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  1. #1
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    Offshore hosting or over reacting?

    Hello everyone,

    My client buy/sell machineries and in the industry, in his line of work lawsuits is not uncommon hence he's wondering his emails may be disclose to public under court order etc and if going offshore hosting(netherlands etc) may be better.

    His business is located in Asia, mainly Malaysia and the hosting he is now on is from a Malaysian hosting company.

    We wouldn't want to use a shady hosting company that supports porn, warez etc as we do run a legitimate business, we just want to be protected.

    Are we just paranoid or it's better to go with an offshore hosting company just to be safe, if so do you have any recommendation?

    Best regards,
    Josh

  2. #2
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    molona's Avatar
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    I suspect that he will still need to provide those communications even if his hosting is offshore for the simple reason that his company needs to follow the laws of whatever country is based.

    Unfortunately, I don't think that he needs to ask you (or us) this question. This is very specific and does need to be confirmed with a lawyer. Since, as you say, lawsuits seem to be everyday business in his field, his lawyer could research this information for him with little overcost and then he will know then for sure if there's any advantage.

    Apart from that, I assume that your client is taking the appropriate actions to avoid those lawsuits by analyzing why he's having them and doing whatever is needed to stop them (be it increasing the quality of the machinery, his sale process, post-sale service, etc). But then, that's something you can't help him with.

  3. #3
    It's all Geek to me silver trophybronze trophy
    ralph.m's Avatar
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    As molona said, he should consult a lawyer. But the layman's advice I would give is for him not to put anything in emails that might be dodgy or incriminating in the first place.

  4. #4
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    K. Wolfe's Avatar
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    Quote Originally Posted by molona View Post
    I suspect that he will still need to provide those communications even if his hosting is offshore for the simple reason that his company needs to follow the laws of whatever country is based.
    Ditto

  5. #5
    Always A Novice bronze trophy
    K. Wolfe's Avatar
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    Quote Originally Posted by Josh Lim View Post
    Hello everyone,

    My client buy/sell machineries and in the industry, in his line of work lawsuits is not uncommon hence he's wondering his emails may be disclose to public under court order etc and if going offshore hosting(netherlands etc) may be better.

    His business is located in Asia, mainly Malaysia and the hosting he is now on is from a Malaysian hosting company.

    We wouldn't want to use a shady hosting company that supports porn, warez etc as we do run a legitimate business, we just want to be protected.

    Are we just paranoid or it's better to go with an offshore hosting company just to be safe, if so do you have any recommendation?

    Best regards,
    Josh
    I am no lawyer, but in my eyes, taking your server offshore will not help you if you are dragged into any legal proceedings. I don't see how a court of law can't subpoena documents because they are offshore. I see no difference in where the site is hosted. Google piratebay.org news, you'll get the idea, though this is obviously a higher profile case.

  6. #6
    Non-Member lucasgen's Avatar
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    Hello, I thing Iceland has some good right about online data protection. But not sure, if it parliament aproved allready.

  7. #7
    Always A Novice bronze trophy
    K. Wolfe's Avatar
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    Comes down to the fact that you are asking this question in the wrong place. Consult a legal adviser.

  8. #8
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    I think he's right to look offshore for hosting. While going offshore is not foolproof, at least the Maylasian Government would have less ability to access his data hosted offshore. Yes, he might have to turn over emails, but at least if he's offshore, he has the ability to turn over what he wants to turn over. If his data was hosted in the same country he was located in, the Government would just seize the servers or raid the datacenter in Maylasia.

    I would recommend looking into a hosting company in the Netherlands or Panama like HighSecured.com.
    Good luck!

  9. #9
    Always A Novice bronze trophy
    K. Wolfe's Avatar
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    Quote Originally Posted by DeluxeNames.com View Post
    I think he's right to look offshore for hosting. While going offshore is not foolproof, at least the Maylasian Government would have less ability to access his data hosted offshore. Yes, he might have to turn over emails, but at least if he's offshore, he has the ability to turn over what he wants to turn over. If his data was hosted in the same country he was located in, the Government would just seize the servers or raid the datacenter in Maylasia.

    I would recommend looking into a hosting company in the Netherlands or Panama like HighSecured.com.
    Good luck!
    Are you a legal consultant? How do you know this to be true? Josh, you need to know that you're not going to get an answer on these forums. You need to speak with someone who knows your legal system.

  10. #10
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    Quote Originally Posted by K. Wolfe View Post
    Are you a legal consultant? How do you know this to be true?
    While I agree with K. Wolf that you should also seek legal advice in Malaysia before finalizing a decision, you can also get valuable advice from forums like this. This is not Brain surgery, it's partly common sense (If your servers are locate outside of Malaysia, how can they seize your servers?) And partly from working in the Offshore Hosting field for 6 years <snip>.
    Key steps:
    1) When choosing a country for Offshore hosting, make sure the Malaysian Government has no sharing agreements with the country you've chosen to host in.
    2) Check with a legal advisor in Malaysia before purchasing your new hosting
    Good luck!
    Last edited by TechnoBear; Sep 27, 2012 at 01:56. Reason: No self-promotion, please.
    HostWired.com - Premium Shared Hosting Solutions
    24x7 Technical Support - 99.9% Server Uptime - Rapid Deployment - & Much More
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  11. #11
    Always A Novice bronze trophy
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    While they may not forcefully take the server, the government may be well within their right to impose penalties, which you would not know of.

    Last edited by TechnoBear; Today at 04:56. Reason: No self-promotion, please.
    I had a feeling.

  12. #12
    Life is short. Be happy today! silver trophybronze trophy Sagewing's Avatar
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    Some advice: if you are going to do business with clients who are worrying about their legal situation you need to protect yourself from them rather than getting involved in it by providing legal advice to them and recommending how they host their site.

    Better advice: if you are going to give legal advice to someone, you'd best get it from an attorney rather than anonymously on the internet
    The fewer our wants, the nearer we resemble the gods. Socrates

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