
A New Backdoor Around the Fourth Amendment: The CLOUD Act - dpflan
https://www.eff.org/deeplinks/2018/03/new-backdoor-around-fourth-amendment-cloud-act
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24gttghh
Under the proposed-to-be-amended S.2383[0] "§ 2523 Executive agreements on
access to data by foreign governments (b)(1)(B)": [...]

>(B)the factors to be considered in making such a determination include
whether the foreign government—

>“(iii) adheres to applicable international human rights obligations and
commitments or demonstrates respect for international universal human rights,
including—

>“(I) protection from arbitrary and unlawful interference with privacy;

>“(II) fair trial rights;

>“(III) freedom of expression, association, and peaceful assembly;

>“(IV) prohibitions on arbitrary arrest and detention; and

>“(V) prohibitions against torture and cruel, inhuman, or degrading treatment
or punishment;

Can anyone comment on the strength of these types of clauses in the proposed
legislation?

[0][https://www.congress.gov/bill/115th-congress/senate-
bill/238...](https://www.congress.gov/bill/115th-congress/senate-
bill/2383/text)

~~~
mediasavvy
IANAL, but is there an enforcement or oversight mechanism?

~~~
24gttghh
I couldn't find one, and the bill even tries to prohibit Judicial review...

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DanielBMarkham
Every few weeks there's a new item related to governments and technology. The
days of leaving the internet alone are long, long gone.

Aside from the negativity of it all, I really wish we didn't have these things
coming up. It's not about hacking, it's not about technology. It's not about
making things people want.

But when tech companies build out surveillance systems as part of their
products that would tax the imagination of the most dystopic writers in
history, and the governments roll in and sweep all that data up?

As hackers we're stuck in the story, we are key players, we created this
monstrosity, and we're probably the only hope there is for fixing it.

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doppel
> First, it empowers U.S. law enforcement to grab data stored anywhere in the
> world, without following foreign data privacy rules.

How does this play into a global scope? I assume the US can tell it's own
people "You can do this", but I assume the Europen Union or other countries
might not allow it, regardless of how Americans feel about it. Is the idea
that __IF __a US agency can get a hold of the data, then it is not subject to
whatever rules the country dictates for data privacy?

~~~
amarkov
That's what the second part is meant to address. The idea is that the US will
enter into agreements saying "fair's fair, both your and our police can demand
data regarding our respective citizens when our respective privacy laws allow
for it".

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sctb
Discussed yesterday:
[https://news.ycombinator.com/item?id=16585430](https://news.ycombinator.com/item?id=16585430)

~~~
24gttghh
Is this EFF article not a different discussion from yesterday where the
actionnetworks article was changed to simply link to the Senate text? I don't
see this particular EFF article

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tzs
A less sensationalistic look at this: [https://lawfareblog.com/cloud-act-
welcome-legislative-fix-cr...](https://lawfareblog.com/cloud-act-welcome-
legislative-fix-cross-border-data-problems)

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singularity2001
please don't flag or 'dupe' this article: is it's too important

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allthenews
Is this inevitable? In the age of Big Data, can we realistically do anything
to stop the progressive intrusion of surveillance onto our privacy?

Particularly when a single secret datacenter is enough to circumvent any law
or amendment, what can we realistically do, short of going off the grid? Can
we make our own?

