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The U.S. CLOUD Act and the EU: A Privacy Protection Race to the Bottom | Electronic Frontier Foundation April 11, 2018

Posted by sandyclaus in Copyright and Trademark Enforcement, Security, Security State.
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U.S. President Donald Trump’s $1.3 trillion government spending bill, signed March 23rd, offered 2,323 pages of budgeting on issues ranging from domestic drug policy to defense. The last-minute rush to fund the U.S. government through this all-or-nothing “omnibus” presented legislators with a golden opportunity to insert policies that would escape deep public scrutiny. Case in point: the Clarifying Lawful Use of Overseas Data (CLOUD) Act, whose broad ramifications for undermining global privacy should not be underestimated, was snuck into the final pages of the bill before the vote. Between the U.S. CLOUD Act and new European Union (EU) efforts to dismantle international rules for cross-border law enforcement investigations, the United States and EU are racing against one another towards an unfortunate finish-line: weaker privacy protections around the globe.  The U.S. CLOUD Act allows the U.S. President to enter into “executive agreements” with qualifying foreign governments in order to directly access data held by U.S. technology companies at a lower standard than required by the Constitution of the United States. To qualify, foreign governments would need to be certified by the U.S. Attorney General, and meet certain human rights standards set in the act. Those qualifying governments will have the ability to bypass the legal safeguards of the Mutual Legal Assistance Treaty (MLAT) regime.

Source: The U.S. CLOUD Act and the EU: A Privacy Protection Race to the Bottom | Electronic Frontier Foundation

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