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Re Why the CLOUD Act is Good for Privacy and Human Rights
From: "Dave Farber" <farber () gmail com>
Date: Wed, 14 Mar 2018 16:58:35 -0400
Begin forwarded message:
From: Chris Beck <cbeck () pacanukeha net> Date: March 14, 2018 at 3:30:14 PM EDT To: Dave Farber <dave () farber net> Subject: Re: [IP] Why the CLOUD Act is Good for Privacy and Human Rights I am curious. In the article the authors state: " This opposition to the CLOUD Act has so far focused on a provision authorizing the president to enter into executive agreements in order to facilitate cross-border access to communications content in the investigation of serious crimes" but they do not attempt to refute the opposition and instead list benefits found in other sections of the act. In addition they do not provide any supporting evidence for the important phrase "There is broad consensus, however, that the current MLA system is slow, cumbersome and in need of updating to handle the growth of online cloud services and the globalization of criminal evidence." (that last link is to Prof. Swire's own take on MLA. I would have thought that the article deserved to mention in passing the attempts by the DOJ to claim access to foreign held-data owned by US companies. (http://www.scotusblog.com/case-files/cases/united-states-v-microsoft-corp/) Cheers, ChrisOn 14 March 2018 at 15:21, Chris Beck <cbeck () pacanukeha net> wrote: Link: https://www.lawfareblog.com/why-cloud-act-good-privacy-and-human-rightsOn 14 March 2018 at 13:35, Dave Farber <farber () gmail com> wrote: Begin forwarded message:From: Peter Swire <peter () peterswire net> Date: March 14, 2018 at 12:59:17 PM EDT To: Dave Farber <dave () farber net> Subject: Why the CLOUD Act is Good for Privacy and Human Rights Hello Dave: There is a fast-moving debate in Congress about the CLOUD Act, governing rules when foreign governments seek content from US service providers in criminal investigations. Today, Jen Daskal and I posted on Lawfare, “Why the CLOUD Act is Good for Privacy and Human Rights”: “A dozen privacy and human rights groups have opposed the bipartisan CLOUD Act regulating cross-border data access, claiming that it will erode basic liberties. They describe the bill as helping “empower” foreign governments to commit human rights abuses; endangering constitutional rights; and even, in an email sent to the Hill this week, undercutting LGBT rights around the world. We respectfully disagree. Contrary to these claims, the bill would improve privacy and civil liberties protections compared to a world without such legislation. <snip> In short, to protect privacy and human rights, the wisest course is to promptly approve the CLOUD Act. It is sometimes painful but true: Let not the perfect be the enemy of the good.” 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.netArchives | Modify Your Subscription | Unsubscribe Now-- [Christopher Beck] [+ChrisBeck] a) You don't get good government from people who think government is the problem. b) Silence is as much a political statement as speech. c) The more rules and regulations, the more thieves and robbers. - 老子 (Lao-Tzu) d) Nihil tam munitum quod non expugnari pecunia possit - Cicero e) السلام عليكم - Traditional-- [Christopher Beck] [+ChrisBeck] a) You don't get good government from people who think government is the problem. b) Silence is as much a political statement as speech. c) The more rules and regulations, the more thieves and robbers. - 老子 (Lao-Tzu) d) Nihil tam munitum quod non expugnari pecunia possit - Cicero e) السلام عليكم - Traditional
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- Re Why the CLOUD Act is Good for Privacy and Human Rights Dave Farber (Mar 14)
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- Re Why the CLOUD Act is Good for Privacy and Human Rights Dave Farber (Mar 15)