[e-privacy] Fw: [nexa] The CLOUD Act: A Dangerous Expansion of Police Snooping on Cross-Border Data

[Diego Giorio]

Stiamo andando di bene in meglio!


________________________________
From: nexa <nexa-bounces a server-nexa.polito.it> on behalf of Alberto Cammozzo <ac+nexa a zeromx.net>
Sent: Wednesday, March 21, 2018 5:50 PM
To: nexa a server-nexa.polito.it
Subject: [nexa] The CLOUD Act: A Dangerous Expansion of Police Snooping on Cross-Border Data


<https://www.eff.org/deeplinks/2018/02/cloud-act-dangerous-expansion-police-snooping-cross-border-data>
[https://www.eff.org/files/cloud-leaky.png]<https://www.eff.org/deeplinks/2018/02/cloud-act-dangerous-expansion-police-snooping-cross-border-data>

The CLOUD Act: A Dangerous Expansion of Police Snooping on ...<https://www.eff.org/deeplinks/2018/02/cloud-act-dangerous-expansion-police-snooping-cross-border-data>
www.eff.org
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 ...



The Clarifying Overseas Use of Data (CLOUD
<https://www.hatch.senate.gov/public/_cache/files/6ba62ebd-52ca-4cf8-9bd0-818a953448f7/ALB18102%20%281%29.pdf>)
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]
<https://www.eff.org/deeplinks/2018/02/cloud-act-dangerous-expansion-police-snooping-cross-border-data#_ftn1>


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.

For example, because U.S.-based companies host and carry much of the
world’s Internet traffic, a foreign country that enters one of these
executive agreements with the U.S. to could potentially wiretap people
located anywhere on the globe (so long as the target of the wiretap is
not a U.S. person or located in the United States) without the
procedural safeguards of U.S. law typically given to data stored in the
United States, such as a warrant, or even notice to the U.S. government.
This is an enormous erosion of current data privacy laws.

This bill would also moot legal proceedings now before the U.S. Supreme
Court. In the spring, the Court will decide whether or not current U.S.
data privacy laws allow U.S. law enforcement to serve warrants for
information stored outside the United States. The case, /United States
v. Microsoft/
<http://www.scotusblog.com/case-files/cases/united-states-v-microsoft-corp/>
(often called “Microsoft Ireland”), also calls into question principles
of international law, such as respect for other countries territorial
boundaries and their rule of law.

Notably, this bill would expand law enforcement access to private email
and other online content, yet the Email Privacy Act
<https://www.congress.gov/bill/115th-congress/house-bill/387>, which
would create a warrant-for-content requirement, has still not passed the
Senate, even though it has enjoyed unanimous support
<https://www.eff.org/deeplinks/2016/04/house-advances-email-privacy-act-setting-stage-vital-privacy-reform>
in the House for the past two years
<https://www.eff.org/deeplinks/2017/07/eff-applauds-senate-email-and-location-privacy-bill>.


[...]

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