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U.S. law to Snoop on Citizens' Info Stored Abroad

posted by mrpg on Monday February 26 2018, @02:59PM   
from the limit-does-not-exist dept.

"Arthur T Knackerbracket" writes:

Original URL: US state legal supremos show lots of love for proposed CLOUD Act (a law to snoop on citizens' info stored abroad)

The attorneys general of 35 US states on Wednesday signed an open letter calling for the quick passage of the Clarify Lawful Overseas Use of Data (CLOUD) Act – with some qualifications.

[...] In effect, it means the FBI can ask, say, a California court for a subpoena to obtain files from a San Francisco upstart's servers hosted in France, sidestepping French privacy laws and legal system. The act's wording also does not limit the Feds to serving orders for communications on US companies and entities – agents would be able to demand information from whomever they wished, if a US judge approved.

The draft law also allows foreign governments to ask for non-US-citizens' personal data stored in America, under new sharing agreements that would be worked out by the White House.

The CLOUD Act was drawn up in part as a result of the ongoing court battle between Microsoft and US law enforcement: Uncle Sam wants a Microsoft customer's email messages stored on a Microsoft-run server in Ireland. The Feds went to a judge in New York for the information, but Redmond wants prosecutors to go to Ireland and ask an Irish judge for permission.

Microsoft, essentially, is arguing that, because the data in question is stored on servers in Ireland, the g-men's request – made under the 1986 US Stored Communications Act – is invalid. The US Supreme Court will consider the case this year.

[...] "The Act also creates incentives for our foreign partners to enter into bilateral agreements that will facilitate cross-border criminal investigations, while ensuring that privacy and civil liberties are respected."

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Original Submission

• Re:Reminds me of high altitude spy planes... Re:Reminds me of high altitude spy planes... (Score: 2) by frojack on Monday February 26 2018, @05:23PM (1 child)

  by frojack (1554) on Monday February 26 2018, @05:23PM (#644034) Journal

  Time was, spying was high treason punishable by summary execution.

  When was that time?
  And in what country?

  To avoid the abuses of the English law, the scope of treason was specifically restricted in the United States Constitution. Article III, section 3 reads as follows:

  Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

  The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

  Historically Treason has not been charged unless there was an act of war declared by congress, because to do so required designating some other country an "enemy". Further, the only entity that could be charged with treason in your scenario would be the US government itself. Now THERE's a can of worms.

  Back to school son. You have to find a different way.

  --
  No, you are mistaken. I've always had this sig.

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• Re:Reminds me of high altitude spy planes... (Score: 2) by JoeMerchant on Monday February 26 2018, @08:15PM

  by JoeMerchant (3937) on Monday February 26 2018, @08:15PM (#644147)

  On August 19, 1960, Powers was convicted of espionage, "a grave crime covered by Article 2 of the Soviet Union's law 'On Criminality Responsibility for State Crimes'". His sentence consisted of 10 years confinement, three of which were to be in a prison, with the remainder in a labor camp.

  Because, to kill him would have been a waste of a political bargaining chip.

  --
  🌻🌻 [google.com]

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