Without exaggerating, signing the Omnibus bill with the CLOUD Act included is the worst thing Trump has done to America during his presidency. CLOUD Act enables the US government to obtain private user data without a warrant or a probable cause. Thi…
Without exaggerating, signing the Omnibus bill with the CLOUD Act included is the worst thing Trump has done to America during his presidency. CLOUD Act enables the US government to obtain private user data without a warrant or a probable cause. This bill rewrites all the democratic principles of criminal justice system. You are now an enemy of the state.
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The Clarifying Lawful Overseas Use of Data Act is a bill that enables the US government or any other foreign government the United States has surveillance partnerships with to obtain private user data without a warrant or a probable cause.
The US or foreign law enforcement would obtain the user data directly from private companies, without notifying the individual, or the law enforcement of said country.
Prior to the CLOUD Act, if US persons had their data held in overseas data centers of an American company, like Facebook, Apple, or Microsoft, companies could have defended against complying with such data requests by citing overseas protections in a foreign jurisdiction.
CLOUD Act changes everything. It strips away American companies of any protection from unwarranted data requests. Under the CLOUD Act the US government doesn’t have to go to court or ask the foreign government to compel a data disclosure. They go directly to the US company and CLOUD Act legally obliges them to comply.
Sources:
The CLOUD Act text https://www.congress.gov/115/bills/hr4943/BILLS-115hr4943ih.pdf
FISA amendments https://intelligence.house.gov/uploadedfiles/s_139_text_as_amended.pdf
https://intelligence.house.gov/uploadedfiles/fisa_amendments_reauthorization_act_of_2017_bill_text.pdf
Brief analyses https://www.natlawreview.com/article/cloud-act..
