As the CLOUD Act sneaks into the omnibus, big tech butts heads with privacy advocates [TechCrunch Blog]
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As the House advances a 2,232-page spending bill meant to avert a government shutdown, privacy advocates and big tech companies aren’t seeing eye to eye about a small piece of legislation tucked away on page 2,212. The Clarifying Lawful Overseas Use of Data Act, a.k.a. the CLOUD Act ( H.R.4943 , S.2383 ) aims to simplify the way that international law enforcement groups obtain personal data stored by U.S.-based tech platforms — but the changes to that process are controversial. As it stands, if a foreign government wants to obtain that data in the course of an investigation, a series of steps are necessary. First, that government must have a Mutual Legal Assistant Treaty (MLAT) with the U.S. government in place, and those treaties are ratified by the Senate. Then it can send a request to the U.S. Department of Justice, but first the DOJ needs to seek approval from a judge. After those requirements are met, the request can move along to the tech company hosting the data
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