At a time of heightened concern over a new wave of terrorism financing threats, the decade-long Arab Bank terrorism financing litigation took another turn this week when the Second Circuit denied several thousand terrorism victims the right to pursue claims against the Jordan-based Arab Bank PLC in U.S. federal court.
Latest in extraterritoriality
I note some broad themes raised during yesterday’s hearing in this closely-watched case, in which the tech giant has refused to comply with a warrant seeking customer data stored overseas.
Historically there were significant “legal black holes” in both U.S. law and international law—persons, places or contexts which were not protected by the law or courts. But since about the mid-twentieth century, and accelerating recently, this has changed. Legal black holes are closing, and foreign affairs and national security are less likely to be treated as legal domains distinct from ordinary law and judicial review.