Congress passed the Cloud Act as part of an omnibus spending bill in March over the objection of many civil society groups, including the Center for Democracy & Technology (with which I am affiliated). The legislation, formally the Clarifying Lawful Overseas Use of Data Act, empowers the Justice Department to serve legal process authorized by the Electronic Communications Privacy Act (ECPA) on U.S. providers for data those companies control, no matter where the data is located.
Greg Nojeim is the Director of the Freedom, Security & Technology Project at the Center for Democracy & Technology in Washington, D.C. and has written extensively about cross border data demands.
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This post is part of a series written by participants of a conference at Georgia Tech in Surveillance, Privacy, and Data Across Borders: Trans-Atlantic Perspectives.
This is the final post in a series analyzing the Daskal-Woods reform proposal for law enforcement demands for communications content across national borders. Daskal and Woods have proposed that countries whose laws and practices meet certain human rights standards, and whose system for cross-border requests includes certain elements, ought to be able to make content disclosure demands directly to U.S.
This is the second post in a series analyzing the Daskal-Woods reform proposal for law enforcement demands for communications content across national borders. In the first post, I examined how the proposal dealt with communications content. Here, I explain why the proposal should also account for cross-border law enforcement demands for metadata.
Jennifer Daskal and Andrew Woods recently put forth a reform proposal for law enforcement demands for communications content across national borders. Their proposal is the product of extensive consultation and it merits extensive consideration. It is similar, in some ways, to the “straw man” MLAT reform proposal that we at the Center for Democracy and Technology (CDT) released some months ago.
Today, the House Homeland Security Committee marked up a cybersecurity information sharing bill that promised to be “the best of bunch” in terms of civil liberties protections among the cybersecurity information sharing bills that Congress is currently considering.