Tracking Terrorist Financing Through SWIFT: When U.S. Subpoenas and Foreign Privacy Law Collide
October 1, 2007
This Note examines the jurisprudence surrounding production orders that require the ordered party to violate foreign law, using the Terrorist Finance Tracking Program as a case study. The note concludes that the various balancing tests employed by courts under these circumstances are largely unworkable and the note thus encourages the United States to rely instead on formal and informal information-sharing agreements with foreign governments.