CLOUD Act: A Dangerous Expansion of Police Snooping on Cross-Border Data

["Dave Farber" <dave () farber net>]

---------- Forwarded message ---------
From: Peter Swire <peter () peterswire net>
Date: Sat, Feb 10, 2018 at 8:00 AM
Subject: Re: [IP] CLOUD Act: A Dangerous Expansion of Police Snooping on
Cross-Border Data
To: dave () farber net <dave () farber net>, ip <ip () listbox com>


Hi Dave:



Here is a different perspective on the CLOUD Act, which Andrew Woods and I
published on Lawfare this week:



“The CLOUD Act: A Welcome Legislative Fix for Cross-Border Data Problems”



<snip>



“This bill does not resolve the cross-border data problem but it is good
start.  Privacy and human rights groups will argue that the bill offers
insufficient protections for foreign-held data.  If you compare the due
process protections in this bill with those provided under the Fourth
Amendment, it is likely less-privacy protective—meaning that foreign
governments will get access to more information than they do currently.
But that is not the right comparison.  We are heading towards a world in
which a growing number of foreign governments force providers to store data
locally in order to comply with local orders, regardless of whatever
strictures apply under U.S. law.  As compared to that world, this
bill—which might forestall or prevent localization efforts—offers privacy
advocates quite a lot.”



<snip>



https://lawfareblog.com/cloud-act-welcome-legislative-fix-cross-border-data-problems



Best,



Peter



Professor Peter Swire

Holder Professor of Law and Ethics

Scheller College of Business

Georgia Institute of Technology



Senior Counsel

Alston & Bird, LLC



Ph: (240) 994-4142

Web: www.peterswire.net



*From: *Dave Farber <dave () farber net>
*Reply-To: *Dave Farber <dave () farber net>
*Date: *Friday, February 9, 2018 at 12:47 PM
*To: *"ip () listbox com " <ip () listbox com>
*Subject: *[IP] CLOUD Act: A Dangerous Expansion of Police Snooping on
Cross-Border Data





---------- Forwarded message ---------
From: Richard Forno <rforno () infowarrior org>
Date: Fri, Feb 9, 2018 at 12:29 PM
Subject: CLOUD Act: A Dangerous Expansion of Police Snooping on
Cross-Border Data
To: Infowarrior List <infowarrior () attrition org>
CC: Dave Farber <dave () farber net>



(again with the moronic cutesy acronyms that Congresscritters so love.
--rick)

The CLOUD Act: A Dangerous Expansion of Police Snooping on Cross-Border Data
By Camille Fischer
February 8, 2018

This week, Senators Hatch, Graham, Coons, and Whitehouse introduced a bill
that diminishes the data privacy of people around the world.

The Clarifying Overseas Use of Data (CLOUD) Act expands American and
foreign law enforcement’s ability to target and access people’s data across
international borders in two ways. First, the bill creates an explicit
provision for U.S. law enforcement (from a local police department to
federal agents in Immigration and Customs Enforcement) to access “the
contents of a wire or electronic communication and any record or other
information” about a person regardless of where they live or where that
information is located on the globe. In other words, U.S. police could
compel a service provider—like Google, Facebook, or Snapchat—to hand over a
user’s content and metadata, even if it is stored in a foreign country,
without following that foreign country’s privacy laws.[1]

Second, the bill would allow the President to enter into “executive
agreements” with foreign governments that would allow each government to
acquire users’ data stored in the other country, without following each
other’s privacy laws.

< - >

https://www.eff.org/deeplinks/2018/02/cloud-act-dangerous-expansion-police-snooping-cross-border-data
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