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

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

#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...

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

#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...

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

#4
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 localization, which completely eliminates any safeguards and also potentially puts some US citizen data at risk.

* If DOJ wins at SCOTUS in the Microsoft Ireland case, the US government will get access to foreign-server data without any of the safeguards in the CLOUD act. If CLOUD passes, it moots the SCOTUS case.

But the idea that this DOJ, in this administration, could ink a deal with any country in the world --- on its own recognizance --- to give them access to data on US servers? If you can't imagine providing that access for this administration, you shouldn't imagine doing so for any future administration either.

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

#9
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...

Seconded.

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

#10
This is a terribly written hit piece devoid of any meaningful information. The linked analysis is far better: https://www.justsecurity.org/53705/bill-give-foreign-governm...

And for the opposite perspective be sure to read https://www.lawfareblog.com/why-cloud-act-good-privacy-and-h...

This really isn’t as obvious as one might think.

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