As is often the case with snake legislation, civil-liberties constricting legislation was stuck in a large, complicated bill, in this case the Omnibus Spending Bill (2300 pages), and nobody noticed. From Carey Wedler at theantimedia.org:
While the nation remained fixated on gun control and Facebook’s violative practices last week, the U.S. government quietly codified the CLOUD Act, its own intrusive policies on citizens’ data.
While the massive, $1.2 trillion omnibus spending bill passed Friday received widespread media attention, the CLOUD Act — which lawmakers snuck into the end of the 2,300-page bill — was hardly addressed.
The Clarifying Lawful Overseas Use of Data Act (CLOUD) “updates the rules for criminal investigators who want to see emails, documents and other communications stored on the internet,” CNET reported. “Now law enforcement won’t be blocked from accessing someone’s Outlook account, for example, just because Microsoft happens to store the user’s email on servers in Ireland.”
The CLOUD Act will also allow the U.S. to enter into agreements that allow the transfer of private data from domestic servers to investigators in other countries on a case-by-case basis, further globalizing the ever-encroaching surveillance state. The Electronic Frontier Foundation, which has strongly opposed the legislation, listed several consequences of the bill, which it called “far-reaching” and “privacy-upending”:
- Enable foreign police to collect and wiretap people’s communications from U.S. companies, without obtaining a U.S. warrant.
- Allow foreign nations to demand personal data stored in the United States, without prior review by a judge.
- Allow the U.S. president to enter “executive agreements” that empower police in foreign nations that have weaker privacy laws than the United States to seize data in the United States while ignoring U.S. privacy laws.
- Allow foreign police to collect someone’s data without notifying them about it.
- Empower U.S. police to grab any data, regardless if it’s a U.S. person’s or not, no matter where it is stored.
The bill is an update to the current MLAT (Mutual Legal Assistance Treaty), the current framework for sharing internet user data between countries, which both legislators and tech companies have criticized as inefficient.
To continue reading: The US Government Just Destroyed Our Privacy While Nobody Was Paying Attention