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Cloud Act – Improve law enforcement access to data stored across borders

congress.gov

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Re: Cloud Act – Improve law enforcement access to data stored across borders

#11

Post by dkhenry »

tptacek wrote: post #4
fitzroy wrote: post #2

Additional opposition from the ACLU and the EFF: https://www.aclu.org/blog/privacy-technology/internet-privac... https://www.eff.org/deeplinks/2018/03/eff-and-x-groups-tell-... Counterpoint from Lawfare (published in cooperation with the Brookings Institution) supporting the legislation: https://www.lawfareblog.com/why-cloud-act-good-privacy-and-h...

I'm still pretty convinced the CLOUD act is a disaster but the Lawfare article makes some persuasive points: * There already is foreign access to US data about non-citizens under the MLA process, which is slow but has very few safeguards or privacy controls, unlike this new proposed process. * In the absence of sustainable process, there's good evidence that foreign governments are simply going to require data locali…

On the executive branch overreach portion it appears congress has some review authority. I am fine with the president being able to preform some actions, but I am always a fan of having their be public or at least congressional visibility and accountability.

Re: Cloud Act – Improve law enforcement access to data stored across borders

#12

Post by OrganicMSG »

tptacek wrote: post #3

The description in this article bears virtually no relationship to the language in the actual bill, which is unsurprising given the source (FFTF). The ACLU's warning makes far more sense, and if something about the CLOUD act is going to be on the front page, it should be their article: https://www.aclu.org/blog/privacy-technology/internet-privac...

From that article;

"The bill starts by giving the executive branch dramatically more power than it has today. It would allow Attorney General Sessions to enter into agreements with foreign governments that bypass current law, without any approval from Congress. Under these agreements, foreign governments would be able to get emails and other electronic information without any additional scrutiny by a U.S. judge or official. And, while the attorney general would need to consider a country’s human rights record, he is not prohibited from entering into an agreement with a country that has committed human rights abuses."

"That level of discretion alone is concerning. Even more, however, the bill would for the first time allow these foreign governments to wiretap in the U.S. — even in cases where they do not meet Wiretap Act standards. Paradoxically, that would give foreign governments the power to engage in surveillance — which could sweep in the information of Americans communicating with foreigners — that the U.S. itself would not be able to engage in. The bill also provides broad discretion to funnel this information back to the U.S., circumventing the Fourth Amendment. This information could potentially be used by the U.S. to engage in a variety of law enforcement actions."

I do wonder if they are being slightly coy here in their analysis. This isn't at all paradoxical, unless you are giving the players some serious benefit of the doubt.

Re: Cloud Act – Improve law enforcement access to data stored across borders

#13

Post by bluetwo »

tptacek wrote: post #3

The description in this article bears virtually no relationship to the language in the actual bill, which is unsurprising given the source (FFTF). The ACLU's warning makes far more sense, and if something about the CLOUD act is going to be on the front page, it should be their article: https://www.aclu.org/blog/privacy-technology/internet-privac...

Actual text of bill:

https://www.congress.gov/bill/115th-congress/senate-bill/238...

Congress finds the following:

(1) Timely access to electronic data held by communications-service providers is an essential component of government efforts to protect public safety and combat serious crime, including terrorism.

(2) Such efforts by the United States Government are being impeded by the inability to access data stored outside the United States that is in the custody, control, or possession of communications-service providers that are subject to jurisdiction of the United States.

(3) Foreign governments also increasingly seek access to electronic data held by communications-service providers in the United States for the purpose of combating serious crime.

(4) Communications-service providers face potential conflicting legal obligations when a foreign government orders production of electronic data that United States law may prohibit providers from disclosing.

(5) Foreign law may create similarly conflicting legal obligations when chapter 121 of title 18, United States Code (commonly known as the “Stored Communications Act”), requires disclosure of electronic data that foreign law prohibits communications-service providers from disclosing.

(6) International agreements provide a mechanism for resolving these potential conflicting legal obligations where the United States and the relevant foreign government share a common commitment to the rule of law and the protection of privacy and civil liberties.

Re: Cloud Act – Improve law enforcement access to data stored across borders

#16

Post by tptacek »

bluetwo wrote: post #13
tptacek wrote: post #3

The description in this article bears virtually no relationship to the language in the actual bill, which is unsurprising given the source (FFTF). The ACLU's warning makes far more sense, and if something about the CLOUD act is going to be on the front page, it should be their article: https://www.aclu.org/blog/privacy-technology/internet-privac...

Actual text of bill: https://www.congress.gov/bill/115th-congress/senate-bill/238... Congress finds the following: (1) Timely access to electronic data held by communications-service providers is an essential component of government efforts to protect public safety and combat serious crime, including terrorism. (2) Such efforts by the United States Government are being impeded by the inability to access data stored o…

Why are you quoting the part of the law that doesn't have any legal force or effect?

Re: Cloud Act – Improve law enforcement access to data stored across borders

#17

Post by sbov »

orangejewce wrote: post #7

Doesn't Microsoft, Google, etc. support the CLOUD act?

Which would be unsurprising. The overall aim seems to be to reduce the legal considerations US companies need to make when responding to foreign government data requests.

Re: Cloud Act – Improve law enforcement access to data stored across borders

#18

Post by bscphil »

Its situations like this that remind me to be thankful that the authors of our constitution, with all their foibles and errors, set up difficult-to-remove constraints on government overreach. It's hard to say just how many times we've been saved by the protections against unreasonable searches and seizures.

On another note, I'm confused by the very existence of "Fight for the Future". They seem to exist in the exact same space as the EFF, and given that the EFF has been doing an excellent job for a long time now, it's hard not to suspect their motives. That's just conjecture, of course.

Re: Cloud Act – Improve law enforcement access to data stored across borders

#19

Post by bluetwo »

tptacek wrote: post #16
bluetwo wrote: post #13

Earlier quoted context omitted.

Actual text of bill: https://www.congress.gov/bill/115th-congress/senate-bill/238... Congress finds the following: (1) Timely access to electronic data held by communications-service providers is an essential component of government efforts to protect public safety and combat serious crime, including terrorism. (2) Such efforts by the United States Government are being impeded by the inability to access data stored o…

Why are you quoting the part of the law that doesn't have any legal force or effect?

Because it is a good overview of their intentions. Why is this a problem?

Re: Cloud Act – Improve law enforcement access to data stored across borders

#20

Post by mikecb »

bluetwo wrote: post #19
tptacek wrote: post #16

Earlier quoted context omitted.

Why are you quoting the part of the law that doesn't have any legal force or effect?

Because it is a good overview of their intentions. Why is this a problem?

Because Congress' intentions are taken into account only after the actual text, and most of the time not at all (or they would have written their intentions clearly within the enforceable provisions.)
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