Omnibus bill contains CLOUD Act, a win for tech and law enforcement

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

> From: Richard Forno <rforno () infowarrior org>
> Date: March 22, 2018 at 7:46:35 AM EDT
> To: Infowarrior List <infowarrior () attrition org>
> Cc: Dave Farber <dave () farber net>
> Subject: Omnibus bill contains CLOUD Act, a win for tech and law enforcement
>
> Omnibus bill contains CLOUD Act, a win for tech and law enforcement
>
> https://www.axios.com/omnibus-contains-act-1521679131-ee861d07-9f29-473f-9cff-8e64aac094aa.html
>
> The funding bill released Wednesday includes the Clarifying Lawful Overseas Use of Data [CLOUD] Act, which provides a 
> legal framework for law enforcement to request data from overseas servers. The CLOUD Act currently sits high atop the 
> wish list of tech firms, law enforcement and even foreign nations.
>
> Why it matters: The Supreme Court is currently mulling a case determining whether the Department of Justice had the 
> right to force Microsoft to produce client emails stored on a server in Ireland without permission from Ireland's 
> government.
>
>    • Microsoft fears the DOJ will force it to violate the laws of Ireland.
>    • The DOJ hopes to avoid the often years long process of abiding by treaties dealing with evidence.
>    • But both have publicly urged lawmakers to render the pending decision moot by passing the CLOUD act, a way to 
> streamline the treaty process for requesting digital data.
> The details: The CLOUD Act provides a framework for reciprocal treaties for nations to request data from computers 
> located within each other's borders. It also provides a mechanism for a Microsoft to take a law enforcement demand to 
> court if it would force them to violate another country's rules. But when neither apply, law enforcement will be able 
> to demand files in accordance with U.S. law.
>
> What they're saying:
>
>    • " The inclusion of the CLOUD Act in Omnibus funding bill negotiated by Congressional leaders of both parties is 
> a critical step forward in resolving issue that has been the subject of litigation for over four years," wrote 
> Microsoft President and Chief Legal Officer Brad Smith in a tweeted statement. 
>    • "The CLOUD Act will create a clear, balanced framework for law enforcement to access data stored in other 
> countries while at the same time encouraging our allies to strengthen their domestic privacy laws," said Sen. Orrin 
> Hatch (R-Utah) in a statement, who spearheaded the CLOUD act and earlier proposed legislation on this issue.



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