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US Spending Bill Contains CLOUD Act, a Win For Tech and Law Enforcement (axios.com)
The 2,232 page spending bill released Wednesday by House and Senate leaders includes the Clarifying Lawful Overseas Use of Data [CLOUD] Act, which provides a legal framework for law enforcement to request data from overseas servers. The CLOUD Act currently sits high atop the wish list of tech firms, law enforcement and even foreign nations. Axios reports: The Supreme Court is currently mulling a case determining whether the Department of Justice had the right to force Microsoft to produce client emails stored on a server in Ireland without permission from Ireland's government. Microsoft fears the DOJ will force it to violate the laws of Ireland. The DOJ hopes to avoid the often years long process of abiding by treaties dealing with evidence. But both have publicly urged lawmakers to render the pending decision moot by passing the CLOUD act, a way to streamline the treaty process for requesting digital data.
The CLOUD Act provides a framework for reciprocal treaties for nations to request data from computers located within each other's borders. It also provides a mechanism for a Microsoft to take a law enforcement demand to court if it would force them to violate another country's rules. But when neither apply, law enforcement will be able to demand files in accordance with U.S. law.
The CLOUD Act provides a framework for reciprocal treaties for nations to request data from computers located within each other's borders. It also provides a mechanism for a Microsoft to take a law enforcement demand to court if it would force them to violate another country's rules. But when neither apply, law enforcement will be able to demand files in accordance with U.S. law.
This is one more reason to be extremely wary of international treaties à la CETA and TTIP.
It's likely that EU privacy rules would be incompatible with these kinds of requests anyway, so no treaty would be possible. Any kind of deal would have to respect EU citizen's rights, and give them an opportunity to oppose requests.
const int one = 65536; (Silvermoon, Texture.cs)
SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
Is /. written for the benefit of law enforcement and big tech business or for nerds?
It's written for the purpose of generating ad impressions, which is mostly done today with clickbait. Wank wank, flonk flonk.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
Funny thing is, 100 years ago when the Australian constitution was being draft this was apparently already a known problem, so a few specific articles were added to deal with this case:
54. Appropriation Bills
The proposed law which appropriates revenue or moneys for the ordinary annual services of the Government shall deal only with such appropriation.
55. Tax Bill
Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.
Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.
In the EU privacy rules apply to everyone, not just EU citizens. If the data is in the EU the rules apply, even if the subject is a US citizen.
const int one = 65536; (Silvermoon, Texture.cs)
SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC