Tracking Terrorist Financing Through SWIFT: When U.S. Subpoenas and Foreign Privacy Law Collide

October 31, 2011

This Note examines the jurisprudence surrounding production orders that require the ordered party to violate foreign law, using the Terrorist Finance Tracking Program—better known as the SWIFT Program—as a case study. This Note recommends that courts excuse or punish noncompliance with such production orders based solely on the good or bad faith acts of the ordered party. Although this approach will clarify the law in this area, in certain circumstances it may make it more difficult for the United States to obtain information abroad. Consequently, this Note urges the United States to pursue formal and informal information-sharing agreements with its allies in the war on terror.

October 2007

No. 1