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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.
What are you going to do? Invade Ireland? Nah, the US doesn't push around European nations using military strength. It would be possible, of course, but very inefficient compared to pushing them around using economic strength.
Both the EFF (https://www.eff.org/deeplinks/2018/03/new-backdoor-around-fourth-amendment-cloud-act) and the ACLU (https://www.aclu.org/blog/privacy-technology/consumer-privacy/proposed-cloud-act-would-let-bad-foreign-governments-demand) think the CLOUD act is a bad idea.
J'aime mieux les méchants que les imbéciles, parce qu'ils se reposent. -- Alexandre Dumas
This article seems quite positive about the CLOUD act.
The Electronic Frontier Foundation has quite a different take: The CLOUD Act: A Dangerous Expansion of Police Snooping on Cross-Border Data.
Is /. written for the benefit of law enforcement and big tech business or for nerds?
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
Military strength means jack shit if attacking would hurt you more than it hurts your enemy. Going to war with countries like Afghanistan that don't even get noticed on the foreign trade statistics is one thing. Going to war with the likes of Europe or China, even if they were military extremely inferior, would put a dent into the US foreign trade that it would affect the bottom line of so many corporations that your politicians would never get the ok to go forward with something like this.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Why is the CLOUD act part of a spending bill rather than a separate document? Are you unable to pass laws these days without threatening a government shutdown?
Maybe it's time the USA stopped exporting democracy and started importing it from those countries who haven't lost their way.
What are you going to do? Invade Ireland?
We could threaten to ship all of Boston back across the pond. That would make Ireland shape up in a hurry.
The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
I am having trouble understanding how this wouldnt be a poison pill for us companies. If this act is made into law and then used, would it not over time lead people in other countries to garner mis-trust in US Corporations?
This. The lesson here is that simply having your data stored overseas won't help you keep it private, the US will not respect foreign laws.
If you care about such things, you simply should not do business with a US company.
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