Cloud Act Law Passed

In case you missed it the, Clarifying Lawful Overseas Use of Data Act or better known the as CLOUD Act was recently passed.  The CLOUD Act expands the U.S. Governments reach of warrants and subpoenas to data stored by U.S. companies abroad.  The law was announced in the March 25, 2018 edition of the WSJ, U.S. Authorities Can Access Data Stored Overseas.

I believe most American’s support lawful methods of data collection by authorities that include public disclosure and discourse like warrants and subpoenas.  Even so, a U.S. law, warrant, or subpoena has no power over extraterritorial data except for the powers explicitly granted by other nations.  The CLOUD Act creates an interesting conundrum for U.S. Internet bellwethers with data stored offshore.  Compliance with U.S. laws may place corporations at odds with local laws of other nations where data is stored.

Of course, governments have more subtle data collection methods available to them where national security interests are involved that preclude public discourse.  Over time these methods may erode confidence in American technology businesses, A Crisis of Confidence Cost Real Money.  The concern with these programs is that with no opportunity for public discourse it’s impossible to know they are being abused making them difficult to improve.  In any case, this does not appear to be an immediate concern for the CLOUD Act.

Author: milton

For bio see, https://www.securitycurmudgeon.com/about/

Leave a Reply