Re Why the CLOUD Act is Good for Privacy and Human Rights

["Dave Farber" <farber () gmail com>]

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,
> Chris
>
> > On 14 March 2018 at 15:21, Chris Beck <cbeck () pacanukeha net> wrote:
> > Link: https://www.lawfareblog.com/why-cloud-act-good-privacy-and-human-rights
> >
> > > On 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.net
> > > >
> > > >  
> > >
> > > Archives | 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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