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Why the CLOUD Act is Good for Privacy and Human Rights


From: "Dave Farber" <farber () gmail com>
Date: Wed, 14 Mar 2018 13:35:06 -0400




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.net
 



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