I can imagine the conversation went something along the lines of: 'I know. We'll tell them that their citizens can sue us through our courts, with our rules to protect the data that they won't even know we've stolen. That'll do. I bet those European idiots will buy this.'
I can't help but feel suspicious that the 'powers that be' are on the side of the Americans and simply want to find a way around the 'inconvenient' decision that the previous arrangement was illegal.