What if foreign nations could circumvent the warrant process and demand US technology companies hand over...
What if foreign nations could circumvent the warrant process and demand US technology companies hand over information to them? All with no checks and balances, just a promise to be altruistic?
_The bill states that the Justice Department must consider whether a country respects free expression, without stating whether free expression is defined under U.S. law, international law, or a country’s own domestic law;
The bill states the Justice Department must consider whether a country respects “international universal human rights” without definition or clarity regarding how to assess this (indeed, this is not a recognized term in U.S. or international law);
The bill requires that requests be based on “articulable and credible facts, particularity, legality, and severity regarding the conduct under investigations”—a standard that is, at best, vague and subject to different interpretations, and is likely lower than the current probable cause standard applied to requests;
The bill fails to prohibit agreements in cases in which a country has a pattern or practice of engaging in human rights abuses, nor does it require an assessment as to whether there is effective central control of law enforcement or intelligence units;
The bill fails to require that countries meet any standards for metadata requests—leaving companies free to provide this data to human rights abusing countries without restriction;
For the first time, the bill allows foreign governments to wiretap and intercept communications in real-time, without even requiring governments to adhere to critical privacy protections in the Wiretap Act (such as notice, probable cause, or a set duration); and
The bill permits broad information sharing between governments, allowing countries (including the U.S.) to obtain information from foreign partners under standards that may be lower than their own domestic law_.
#CLOUDAct
Originally shared by Electronic Frontier Foundation
The CLOUD Act hurts the free speech and human rights of people all over the world by creating a clique of nations who can get data from U.S. companies without a warrant.
https://lawfareblog.com/cloud-act-doesnt-help-privacy-and-human-rights-it-hurts-them
_The bill states that the Justice Department must consider whether a country respects free expression, without stating whether free expression is defined under U.S. law, international law, or a country’s own domestic law;
The bill states the Justice Department must consider whether a country respects “international universal human rights” without definition or clarity regarding how to assess this (indeed, this is not a recognized term in U.S. or international law);
The bill requires that requests be based on “articulable and credible facts, particularity, legality, and severity regarding the conduct under investigations”—a standard that is, at best, vague and subject to different interpretations, and is likely lower than the current probable cause standard applied to requests;
The bill fails to prohibit agreements in cases in which a country has a pattern or practice of engaging in human rights abuses, nor does it require an assessment as to whether there is effective central control of law enforcement or intelligence units;
The bill fails to require that countries meet any standards for metadata requests—leaving companies free to provide this data to human rights abusing countries without restriction;
For the first time, the bill allows foreign governments to wiretap and intercept communications in real-time, without even requiring governments to adhere to critical privacy protections in the Wiretap Act (such as notice, probable cause, or a set duration); and
The bill permits broad information sharing between governments, allowing countries (including the U.S.) to obtain information from foreign partners under standards that may be lower than their own domestic law_.
#CLOUDAct
Originally shared by Electronic Frontier Foundation
The CLOUD Act hurts the free speech and human rights of people all over the world by creating a clique of nations who can get data from U.S. companies without a warrant.
https://lawfareblog.com/cloud-act-doesnt-help-privacy-and-human-rights-it-hurts-them
Comments
The human rights thing, what's the saying about casting the first stone...
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