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Microsoft Email Privacy Case No Longer Needed, Says The US (cnn.com)

An anonymous reader quotes CNN: The U.S. Department of Justice is asking the Supreme Court to abandon its case against Microsoft over international data privacy. A new law signed by President Donald Trump last week answers the legal question at the heart of Microsoft's case, the DOJ says. So the case "is now moot," the department said in a court filing posted Saturday.

Microsoft's legal battle began in 2013, when it refused to hand over emails stored on a server in Ireland to US officials who were investigating drug trafficking. Microsoft argued at the time that sharing data stored abroad could violate international treaties and policies, and there was no law on the books to provide any clarity. That changed with the The Cloud Act, which was tucked into the spending bill that Trump signed March 23. The act establishes a legal pathway for the United States to form agreements with other nations that make it easier for law enforcement to collect data stored on foreign soil... Microsoft cheered the new law, saying the Cloud Act provides the legal clarity the company sought.

The ACLU's legislative counsel argues that the new act hurts privacy and human rights, "at a time when human rights activists, dissidents and journalists around the world face unprecedented attacks."

"Would even a well-intentioned technology company, particularly a small one, have the expertise and resources to competently assess the risk that a foreign order may pose to a particular human rights activist?"

16 of 84 comments (clear)

  1. We will see by 93+Escort+Wagon · · Score: 5, Insightful

    This new law may prove to be unconstitutional - even with a conservative-leaning court in place.

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    #DeleteChrome
    1. Re:We will see by PopeRatzo · · Score: 5, Informative

      The Cloud Act was introduced as an attachment to the 2018 spending bill by Rep. Doug Collins [R-GA-9] on 2-6-2018. It was approved by the Judiciary Rules Committee on a party-line vote. As in, only the Republicans on the committee voted for it.

      Just thought you ought to know.

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      You are welcome on my lawn.
    2. Re:We will see by 93+Escort+Wagon · · Score: 3, Interesting

      True - but what Congress-critters think does not necessarily reflect what the court will think. Supreme Court justices have lifetime appointments for a reason.

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      #DeleteChrome
    3. Re:We will see by PopeRatzo · · Score: 2

      True - but what Congress-critters think does not necessarily reflect what the court will think. Supreme Court justices have lifetime appointments for a reason.

      Oh, I absolutely agree. I just wanted to let the fine people of Slashdot know which flavor of congress-critter was shafting them this time.

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      You are welcome on my lawn.
    4. Re:We will see by Anonymous Coward · · Score: 3, Informative

      No, the law specifically requires them to reach international agreements with those countries, it doesn't override their laws at all. For a change the law seems half way sensible.

    5. Re:We will see by hairyfeet · · Score: 2, Funny

      If you think this is a left/right issue? I have some magic beans you might be interested in, or did you forget all the nasty shit Obama pushed through, the wiretapping, attacking whistleblowers, that the left cheered?

      This is about those in power wanting more power PERIOD, the left has been taken over by SJWs that think you should be jailed for wrongthink, the right has been taken over by Neocons that think everyone is a potential terrorist...tomato tomatoe dude. Its why more and more of the actual classical liberals are going to the Green Party while the fiscal conservatives are going to the Libertarian Party, BOTH sides have become hopelessly corrupted so your "choices" today or Coke in a can VS Coke in a bottle, its not even Coke VS Pepsi anymore...surely you don't think Shillary actually gave a flying flipping fuck about curtailing power, did you?

      What I see today only shows that Bill Hicks called it 25 years ago that its nothing but a puppet show, designed to keep the paupers arguing while the puppet masters laugh their asses off and take more and more for themselves.

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      ACs don't waste your time replying, your posts are never seen by me.
    6. Re:We will see by thegarbz · · Score: 3, Insightful

      Oh, I absolutely agree. I just wanted to let the fine people of Slashdot know which flavor of congress-critter was shafting them this time.

      It's irrelevant. Congress are way above your silly political bickering. They will shaft you regardless of who is in power.

    7. Re: We will see by Cederic · · Score: 2

      Nice Godwin, but could you perhaps actually tell us why the law isn't ok, given that's what was asked?

  2. Don't look surprised by PopeRatzo · · Score: 2

    The Cloud Act, which was tucked into the spending bill that Trump signed March 23.

    You were warned.

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    You are welcome on my lawn.
    1. Re:Don't look surprised by Zontar+The+Mindless · · Score: 3, Insightful

      You must not mind having your tea flavoured with a bit of polonium?

      Let us know how that works out for you.

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      Il n'y a pas de Planet B.
  3. Microsoft is selling out here. by whoever57 · · Score: 3, Insightful

    At one time, I was surprised by Microsoft's approach: defending their customer's privacy.

    Now they are selling them out. I don't think that this is a good business decision: it will dissuade non-US customers from using Microsoft's services.

    --
    The real "Libtards" are the Libertarians!
  4. Damn you Rick Springfield!! by BLToday · · Score: 2

    Definition of moot

    1 a : open to question : debatable
    b : subjected to discussion :

    But instead we get this version of moot:
    2 : deprived of practical significance : made abstract or purely academic

    Thanks a lot Rick Springfield, you screwed a word by making it opposite of itself. I’m happy you didn’t get Jessie’s girl.

    1. Re:Damn you Rick Springfield!! by Kjella · · Score: 2

      Thanks a lot Rick Springfield, you screwed a word by making it opposite of itself. I'm happy you didn't get Jessie's girl.

      According to this story in the Guardian:

      It's a different story in the United States, where since the 19th century a moot point has been one that is at best academic and at worst irrelevant. The OED quotes the supreme court, no less, ruling that "a moot question" has "no bearing" on an issue.

      In my opinion it's better used that way, moot in the first meaning sounds like it means exactly the same as debated, disputed etc. while a moot point is an efficient way of saying "that is no longer relevant/important/possible, let's move on and discuss the options left on the table". Which is not to say you can't take lessons from it, but it's an efficient way to shut down pointless bickering.

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      Live today, because you never know what tomorrow brings
  5. Consequences with EU GDPR by alex3772 · · Score: 4, Interesting

    The General Data Protection Regulation will be enforced in the EU very soon. It is a regulation that is specifically aimed at protecting the data of natural persons. Here is the text in english if you want to read it
    There will be enormous conflicts between the GDPR and this law passed by the US congress.
    It might take a while to fight this out in courts but i think this will probably lead to a ban of personal data transfer from european companies to any USA owned entity in a few years.

  6. Re:Trump? by Jzanu · · Score: 5, Informative

    God damn you are a fucking idiot deflecting things as badly as the Russian trolls/Ivans around here! Guess who actually added the rider which is disputed here? Rep. Collins, Doug [R-GA-9]" - an exclusively conservative Republican from Georgia. Pointing out who and especially which party is genuinely responsive for an instance of rights violations is crucial for acting against it in a way that politicians actually feel and fear.

  7. Re:Doesn't seem to solve anything. by Cinnamon+Beige · · Score: 2

    If it's anything like how extradition works? Then it will depend entirely on if the foreign government wishes to cooperate or not--it can sometimes be safer to go with a country which does have an agreement, but the agreement requires the request be in compliance with local laws as well & there's little chance of that happening.