
The CLOUD Act Doesn’t Help Privacy and Human Rights: It Hurts Them - akvadrako
https://lawfareblog.com/cloud-act-doesnt-help-privacy-and-human-rights-it-hurts-them
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akvadrako
Personally, I was following the Microsoft case and thinking about what kind of
rules would match well with the reality of global infrastructure, and it
certainly wasn't this law.

Logically, it doesn't really matter in what country something is stored. An
ideal database will send or cache data, or perhaps incomplete/encrypted data,
near every user and in multiple processing/backup centers.

So the location of the data should not matter at all for jurisdiction, but
instead just the location of the company, users and/or employees who can
access it. And the US shouldn't need to ask foreign governments to hand over
data which they could compel local business to provide.

~~~
mtgx
Unless it cares about its companies long-term prospects abroad.

Look at it this way. China has "every right" to demand its Chinese companies
to have backdoors in products (and it has done exactly that). But look what
backlash that's creating now against Chinese companies not just from other
governments but also from the citizens of those countries.

Also, the US government could have at least maintained the pretense of
judicial process (even if it would happen through its own US courts). But it
didn't. The law says the executive can ask for data whenever it feels like it.

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speedplane
I feel embarrassed that I wasn't aware of this law until now. It's an
incredible over-reach by the US to demand data stored in another country just
because it is controlled by a US company.

On an entirely economic level, it will hurt US companies that want to sell
their services in other countries.

Second, it impinges on sovereignty, similar to forced extradition.

But perhaps most concerning, it gives other countries a reason to demand the
same from the US. Now, Russia or the United Arab Emirates could arguably
demand your entire facebook profile because you vacationed their for a week.
They will just say that the US is doing the same to their people.

