CLOUD Act – Possible Violation of the 4th Amendment Save for later Reblogpost

by Chief - All posts written by Chief - Post status: published, Published: 5 years 2 months ago (15:25 - Thursday, March 29th, 2018) Last time Updated: 5 years 2 months ago (15:42 - Thursday, March 29th, 2018)

"CLOUD Act – Possible Violation of the 4th Amendment" was written by Chief, and is licensed under Creative Commons' Attribution - Share Alike 4.0 International license (a free cultural license).

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CLOUD Act – Possible Violation of the 4th Amendment About a week ago the U.S. Congress and also the Senate passed a new bill which was 2,232 pages in length and included some new provisions which would likely affect your personal data stored by companies from the United States. The new act is called the CLOUD Act ( ... About a week ago the U.S. Congress and also the Senate passed a new bill which was 2,232 pages in length and included some new provisions which would likely affect your personal data stored by companies from the United States. The new act is called the CLOUD Act (Clarifying Overseas Use of Data Act) which is included in the mentioned document above. Before CLOUD Act passed both houses of the United States law enforcement agencies could only request data stored in a foreign country through mutual legal assistance treaties (MLATs). These MLATs are international agreements where two or more countries agree how they would like to help each others' law enforcement efforts. MLATs had to be ratified by a two-thirds vote from both the U.S. Congress and House of Representatives. The CLOUD Act amended the Stored Communications Act (SCA) of 1986. The new CLOUD Act, unlike the MLATs, empowers the executive powers of the state (president, State Department, and Attorney General) which can then enter agreements (without congressional approval) with other nations which would allow those nations to access data stored on U.S. soil by U.S. companies without any local judicial oversight. It doesn't matter if it is a Canadian, a German or perhaps a French law enforcement agency which requests your data (Facebook messages, WhatsApp chat logs, Gmail emails or your Chrome browsing habits from Google and YouTube) if there is an agreement between that country and the United States based on the CLOUD Act they will be able to receive the requested information promptly and in a way which could infringe your 4th Amendment rights (prohibited unreasonable searches and seizures without a warrant by a U.S. court). Be aware that in the CLOUD Act there is no requirement for these mentioned countries so it would be possible for (for instance) French authorities to request data even if you live in Norway they, by your online behavior, consider that you broke some new and obscure French law. It will also enable U.S. authorities to request the data of foreign citizens from U.S.-based companies. It is of no surprise that all of this was included in an omnibus spending bill necessary to avoid another shutdown of the government of the United States and was signed into law on March 23, 2018. ...

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About a week ago the U.S. Congress and also the Senate passed a new bill which was 2,232 pages in length and included some new provisions which would likely affect your personal data stored by companies from the United States.

The new act is called the CLOUD Act (Clarifying Overseas Use of Data Act) which is included in the mentioned document above. Before CLOUD Act passed both houses of the United States law enforcement agencies could only request data stored in a foreign country through mutual legal assistance treaties (MLATs). These MLATs are international agreements where two or more countries agree how they would like to help each others’ law enforcement efforts. MLATs had to be ratified by a two-thirds vote from both the U.S. Congress and House of Representatives.

The CLOUD Act amended the Stored Communications Act (SCA) of 1986.

The new CLOUD Act, unlike the MLATs, empowers the executive powers of the state (president, State Department, and Attorney General) which can then enter agreements (without congressional approval) with other nations which would allow those nations to access data stored on U.S. soil by U.S. companies without any local judicial oversight. It doesn’t matter if it is a Canadian, a German or perhaps a French law enforcement agency which requests your data (Facebook messages, WhatsApp chat logs, Gmail emails or your Chrome browsing habits from Google and YouTube) if there is an agreement between that country and the United States based on the CLOUD Act they will be able to receive the requested information promptly and in a way which could infringe your 4th Amendment rights (prohibited unreasonable searches and seizures without a warrant by a U.S. court). Be aware that in the CLOUD Act there is no requirement for these mentioned countries so it would be possible for (for instance) French authorities to request data even if you live in Norway they, by your online behavior, consider that you broke some new and obscure French law.

It will also enable U.S. authorities to request the data of foreign citizens from U.S.-based companies.

It is of no surprise that all of this was included in an omnibus spending bill necessary to avoid another shutdown of the government of the United States and was signed into law on March 23, 2018.

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