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

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

---------- Forwarded message ---------
From: Chris Beck <cbeck () pacanukeha net>
Date: Mon, Feb 12, 2018 at 6:25 PM
Subject: Re: [IP] CLOUD Act: A Dangerous Expansion of Police Snooping on
Cross-Border Data
To: Dave Farber <dave () farber net>


"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"

Well yes but that doesn't give us any explanation why it is a just law that
provides US jurisdiction on a global scope, ignoring the other nation's
sovereignty ... reciprocity would be bad if the nation were more repressive
and this law will be bad for nations that have greater individual privacy
and liberty protections.

Cheers,
Chris

On Feb 10, 2018 10:34, "Dave Farber" <dave () farber net> wrote:

> ---------- 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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