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New Bill In Congress Would Bypass the Fourth Amendment, Hand Your Data To Police (medium.com)

An anonymous reader quotes a report from Medium: Lawmakers behind a new anti-privacy bill are trying to sneak it through Congress by attaching it to the must-pass government spending bill. The CLOUD Act would hand police in the U.S., and other countries, extreme new powers to obtain and monitor data directly from tech companies instead of requiring a warrant and judicial review. Congressional leadership will decide whether the CLOUD Act gets attached to the omnibus government spending bill sometime this week, potentially as early as tomorrow... If passed, this bill would give law enforcement the power to go directly to tech companies, no matter where they or their servers are, to obtain our data. They wouldn't need a warrant or court oversight, and we'll be left with no protections to ensure law enforcement isn't violating our rights. A recent report from the Electronic Frontier Foundation explains how the CLOUD Act circumvents the Fourth Amendment. "This new backdoor for cross-border data mirrors another backdoor under Section 702 of the FISA Amendments Act, an invasive NSA surveillance authority for foreign intelligence gathering," reports the EFF. "That law, recently reauthorized and expanded by Congress for another six years, gives U.S. intelligence agencies, including the NSA, FBI, and CIA, the ability to search, read, and share our private electronic messages without first obtaining a warrant. The new backdoor in the CLOUD Act operates much in the same way. U.S. police could obtain Americans' data, and use it against them, without complying with the Fourth Amendment."

29 of 248 comments (clear)

  1. bipartisan support by liquid_schwartz · · Score: 4, Informative

    If there's one thing both Republicans and Democrats can agree on it's that the government needs more access and citizen's concerns are not important. Citations: https://en.wikipedia.org/wiki/... https://en.wikipedia.org/wiki/...

    1. Re:bipartisan support by Prien715 · · Score: 4, Informative

      Indeed.

      It's unfortunate that the USA PATRIOT act was passed but it's notable, that the bill had only one senator voting against it (who was later defeated). In other house, the bill was passed 347 to 66 -- nays included Ron Paul and Bernie Sanders (back when he was in the house).

      Bipartisan opposition to tyrannical legislation also has a proud history.

      --
      -- Political fascism requires a Fuhrer.
    2. Re:bipartisan support by sasparillascott · · Score: 2

      It's also good to point out that the Patriot Act that was originally passed was completely different than the bipartisan one the Senate created back at the time. The original bipartisan version created in the Senate had actual privacy balance - the Bush Administration created their own version and got the Senate leadership (Republican at the time I believe) to switch it at the last minute with the version created by the Senate in a up or down vote (shortly after 9/11). And the rest is history....

      At the big picture level it seems like none of this govt monitoring stuff is getting better - as can be seen here. The results of Snowden's huge personal risk has been better private user software, but almost no impact on government surveillance, perhaps a slowdown of the increase of it.

    3. Re:bipartisan support by lsatenstein · · Score: 2

      If you can bypass the 4th amendment, then you can bypass the "right to carry arms".

      Ether you abide by a constitution or you live in a pending dictatorship.

      --
      Leslie Satenstein Montreal Quebec Canada
  2. Brought to you by... by Notabadguy · · Score: 2

    Brought to you by Rep. Collins, Doug [R-GA-9] (Introduced 02/06/2018).

    If there was someone I wouldn't feel bad about getting SWATTED, it would be this douchecanoe.

    1. Re: Brought to you by... by TimMD909 · · Score: 3, Insightful

      Taking out the puppet doesn't hurt the puppet master... He'll just get a new one.

  3. Kill Bill by Freischutz · · Score: 5, Funny

    Bill In Congress Would Bypass the Fourth Amendment, Hand Your Data To Police

    I say we just crowdfund a blonde katana wielding female assassin and have her kill this Bill character, he seems to be nothing but trouble.

  4. Protect from Prosecution by rtb61 · · Score: 2

    You can write all the imaginary laws you like in the US, it will not protect US corporations from prosecution for failing to adhere to search warrant requirements in other countries. It will be interesting to watch the outcome when the first US executives are given custodial sentences for breaking what a core laws, with regard to citizens rights and the proper application of justice, of they are locals, well, serving another country in a criminal act, is treason. Interesting time for executives of US corporations operating in other countries, would not take the job or the threat of imminent imprisonment and it will occur.

    --
    Chaos - everything, everywhere, everywhen
  5. I don't think that's going to work how you think. by SeaFox · · Score: 4, Informative

    If passed, this bill would give law enforcement the power to go directly to tech companies, no matter where they or their servers are, to obtain our data.

    Pretty sure that violates some sort of principals of sovereignty, but yeah, you try doing that.
    Don't complain when China comes knocking asking for access to your servers, too.

  6. There are new programmers at Slashdot by fustakrakich · · Score: 4, Funny

    They handed our comments to another dimension.

    Wonder if I'll ever see this one...

    --
    “He’s not deformed, he’s just drunk!”
  7. Making America Grate by Humbubba · · Score: 3, Insightful
    Subverting the Constitution - why?

    "There's class warfare, all right, but it's my class, the rich class, that's making war, and we're winning." Warren Buffett

    "We have met the enemy and he is us." Pogo

    Oh, yeah. That's right

  8. Freedom Caucus by PopeRatzo · · Score: 2

    Who the hell would sponsor such a bill?

    Friends, meet Representative Doug Collins (R-GA):

    https://en.wikipedia.org/wiki/...

    --
    You are welcome on my lawn.
  9. What a load of crap summary by raymorris · · Score: 5, Informative

    Wow that summary is a giant load of crap. Doesn't even indicate what the bill is about.

    The Cloud act is about establishing a process which approved foreign governments may follow when requesting information about non-US persons (neither citizen nor resident) from US companies. For example, if there were a bombing in the UK, by a UK citizen, and the the UK police wanted to get the perpetrator's Apple Maps history, they could follow this process to request that data from Apple, a US company storing the data in the US.

    To be eligible, the foreign government law must "afford robust substantive and procedural protections for privacy and civil liberties", as agreed to by both the Attorney General, and the Secretary of State, with Congress able to overrule approvals.

    Requests must be based on "articulable and credible facts" and subject to "review or oversight by a court, judge, or magistrate or other independent authority".

    Any information revealed about US persons may not be shared with the US government.

    That's the general gist of the bill. You can read it for further details. You'll likely find some good and some bad in it.

    Here's one opinion piece about it:
    https://www.lawfareblog.com/wh...

    1. Re:What a load of crap summary by tomhath · · Score: 2

      Oh come on, you're going to spoil everyone's outrage with facts. This story is fake news, enjoy it while you can!

    2. Re:What a load of crap summary by camperdave · · Score: 2

      Fine! If that's the way they want to write the bill, then let it stand on its own merit. This business of attaching riders to other bills, THAT's the real danger in the system. Every law that passed as a rider on another bill should be repealed and re-voted upon as a stand-alone bill.

      --
      When our name is on the back of your car, we're behind you all the way!
  10. Disappointed. by whoever57 · · Score: 2

    I was going to rage against (R) voters, but I see that this bill has (D) co-sponsors.

    --
    The real "Libtards" are the Libertarians!
  11. EFF by bmimatt · · Score: 4, Informative

    This is why donating to organizations like EFF and EPIC is important.

    1. Re:EFF by bill_mcgonigle · · Score: 2

      nope, waste of money. the invasions of our privacy and bypassing warrants started under Bush and accelerated by Obama happened anyway.

      EFF has somewhat slowed the march of electronic tyranny.

      Given that most Americans won't get off their asses until their doors are being literally kicked in, though, one wonders if it's actually better to slow the descent or to just get the damn thing overwith, after hitting bottom.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  12. Read the legal text. by Gravis+Zero · · Score: 4, Insightful

    Maybe I'm completely wrong here but I actually read the legal text and it appears that this is a response to the Microsoft debacle where Microsoft is refusing to fork over data because it's stored outside the US. From what I can tell, it would be used for a reciprocal agreements to disclose overseas data, meaning if the EU law enforcement wanted access to XYZ stored in the US that the company would have to comply and vice-versa.

    I really do apologize for not being instantly outraged but in true /. fashion I didn't bother to RTFA. ;)

    --
    Anons need not reply. Questions end with a question mark.
  13. This will not pass by andydread · · Score: 2

    let's hope this goes the way of SOPA and PIPA

  14. Sponsors by JeffOwl · · Score: 4, Informative

    Primary: Rep. Collins, Doug [R-GA-9] CoSponsors: Rep. Jeffries, Hakeem S. [D-NY-8]* Rep. Issa, Darrell E. [R-CA-49]* Rep. DelBene, Suzan K. [D-WA-1]* Rep. Marino, Tom [R-PA-10]* Rep. Rutherford, John H. [R-FL-4]* Rep. Demings, Val Butler [D-FL-10]* Rep. Holding, George [R-NC-2] Rep. Smith, Lamar [R-TX-21]

  15. Goodbye 4th Amendment by Merk42 · · Score: 2

    The only one there is ever any fight over is the 2nd, maybe the 1st.

  16. Re: Must be DEMOCRATS doing this... by Anonymous Coward · · Score: 5, Insightful

    The bill is authored by a Georgia Republican, dipshit.

  17. This shouldn't surprise anyone by DeplorableCodeMonkey · · Score: 2

    What did you think the "3rd party doctrine" was going to mean? It means that the 4th amendment is a dead letter the moment you put your data into the hands of a third party. This kind of absolute shit reasoning is why I laugh in the face of the rose-cheek, earnest face fucks who pull a pedantic poindexter by going "but da SCOTUS said X so that is clearly what it means:"

    In Katz v. United States (1967), the United States Supreme Court established its reasonable expectation of privacy test. In 1976 (United States v. Miller) and 1979 (Smith v. Maryland), the Court affirmed that "a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties."

    So in other words, even if you signed a legally binding contract with the third party, the intellectual giants of the court know you REALLY did not have an expectation of privacy. Even if Verizon promised in writing to go so far as to hire Blackwater and assassinate hackers who go after your data, you simply don't have an expectation of privacy because the court said so.

  18. Re:Slashdot... by Anonymous Coward · · Score: 2

    Slashdot... where the 4th matters, but the 2nd, we'll happily ignore or explain away.

    The 2A does not (historically) mean what the NRA thinks it means:

    * https://www.vox.com/policy-and-politics/2017/10/12/16418524/us-gun-policy-nra

    And if you're going to use the 2A to overthrow the government, you'll need to communicate and organize... which can be tracked if the 4A doesn't stick around.

  19. Re:Other counties? by Hognoxious · · Score: 2

    A Data center provider from Sweden says hello. And also "No way,".

    That's right next door, isn't it?

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  20. Re:USA laws are fucked-up by lgw · · Score: 2

    "Lawmakers behind a new anti-privacy bill are trying to sneak it through Congress by attaching it to the must-pass government spending bill."

    Can't you guys approve bills one by one? Your current system is *designed* to be abused by assholes.

    You are correct. The primary purpose of any bill being passed is to serve pork to donors, either through spending or regulatory capture. I suspect any useful work our government actually does must in fact be snuck through attached to must-pass pork bills.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  21. Re: Imagine a true deep state by BlueStrat · · Score: 2

    From now on, anyone blaming another side in a politics debate, I'm just going to ignore them. They are pushing an agenda. Both the OP and the parent are throwing mud at each others parties. This is what it has come to.

        The king is dead. Long live the king.

    Indeed. There are many problems in the US, but I fear constructively solving any of them will be next to impossible under the current dual-party co-tyranny system of two, for all practical purposes exclusive, parties in control.

    John Adams and George Washington had some relevant insights about precisely this type of dysfunction in governance under a two-party oligarchy.

    "There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, is to be dreaded as the greatest political evil under our Constitution." -- John Adams

    "The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries, which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of Public Liberty

    Without looking forward to an extremity of this kind, (which nevertheless ought not to be entirely out of sight,) the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.

    It serves always to distract the Public Councils, and enfeeble the Public Administration. It agitates the Community with ill-founded jealousies and false alarms; kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another.

    There is an opinion, that parties in free countries are useful checks upon the administration of the Government, and serve to keep alive the spirit of Liberty. This within certain limits is probably true; and in Governments of a Monarchical cast, Patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of the popular character, in Governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose. And, there being constant danger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume. -- George Washington

    Strat

    --
    Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  22. Re: Imagine a true deep state by mmdurrant · · Score: 2

    You do realize Hannity is a spineless blowhard, right? No change in political philosophy, no change in the situation at large, yet fully supports the Trump administration having open talks with North Korea while he vehemently opposed the Obama administration doing so. The basis for his argument hasn't changed, only the party in power. His position on Russia and Putin doesn't matter because it's not based in principle or philosophy, it's based on whatever he's feeling at the moment. None of the above fits with what any reasonable person would classify as "conservatism". Like y'all don't know who the fuck Edmund Burke is or worse, don't care.

    It's almost like this quaint notion of political philosophy isn't even a factor and it's just people spouting bullshit on television for a paycheck?

    How's that for a "realization"? The seemingly purposeful "dumbing-down" of modern society would be terribly painful if it wasn't so goddamned entertaining...or at least that's what I keep telling myself.

    --
    I see my shadow changing, stretching up and over me...