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A New Backdoor Around the Fourth Amendment: The CLOUD Act

55 points by dpflan 9y ago

peterwwillis 9y ago
This post is about politics, therefore it should be removed from the front page.
- RubenSandwich 9y ago
  While so, it also targets tech companies so is in the interest of this tech news aggregator.
- sschueller 9y ago
  So is net neutrality... This has to do with data and technology so it is relevant.
- deleted 9y ago
  [deleted]
- sctb 9y ago
  We've asked you many times to please post on-topic and within the guidelines, but we'll ask again. https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html
doppel 9y ago
> 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 9y ago
  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".
sctb 9y ago
Discussed yesterday: https://news.ycombinator.com/item?id=16585430 https://news.ycombinator.com/item?id=16585430
- 24gttghh 9y ago
  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
allthenews 9y ago
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?
- AckSyn 9y ago
  dismantle the agency arms abusing it
DanielBMarkham 9y ago
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.
deleted 9y ago
[deleted]
24gttghh 9y ago
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/2383/text https://www.congress.gov/bill/115th-congress/senate-bill/238...
- mediasavvy 9y ago
  IANAL, but is there an enforcement or oversight mechanism?
  - 24gttghh 9y ago
    I couldn't find one, and the bill even tries to prohibit Judicial review...
tzs 9y ago
A less sensationalistic look at this: https://lawfareblog.com/cloud-act-welcome-legislative-fix-cross-border-data-problems https://lawfareblog.com/cloud-act-welcome-legislative-fix-cr...
singularity2001 9y ago
please don't flag or 'dupe' this article: is it's too important

55 points by dpflan 9y ago

peterwwillis 9y ago

This post is about politics, therefore it should be removed from the front page.

RubenSandwich 9y ago
While so, it also targets tech companies so is in the interest of this tech news aggregator.
sschueller 9y ago
So is net neutrality... This has to do with data and technology so it is relevant.
deleted 9y ago
[deleted]
sctb 9y ago
We've asked you many times to please post on-topic and within the guidelines, but we'll ask again. https://news.ycombinator.com/newsguidelines.html https://news.ycombinator.com/newsguidelines.html

doppel 9y ago

> 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 9y ago
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".

sctb 9y ago

Discussed yesterday: https://news.ycombinator.com/item?id=16585430 https://news.ycombinator.com/item?id=16585430

24gttghh 9y ago
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

allthenews 9y ago

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?

AckSyn 9y ago
dismantle the agency arms abusing it

DanielBMarkham 9y ago

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.

deleted 9y ago

[deleted]

24gttghh 9y ago

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/2383/text https://www.congress.gov/bill/115th-congress/senate-bill/238...

mediasavvy 9y ago
IANAL, but is there an enforcement or oversight mechanism?
- 24gttghh 9y ago
  I couldn't find one, and the bill even tries to prohibit Judicial review...

tzs 9y ago

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

singularity2001 9y ago

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