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[liberationtech] ZDNET on U.S. access to European cloud data.

Caspar Bowden (InfoPol) infopol at
Sat Feb 2 10:05:09 PST 2013

(de-lurking - hello LiberationTech)

Zack Whittaker's piece conflates a report I co-authored for the European 
Parliament about FISAAA, with his own analysis of PATRIOT which 
unfortunately muddies the waters somewhat

If anyone wants to read the original report (and it's about FISAAA not 
PATRIOT), it's here 
(recommend sections 1.1, 3.2, 3.3, 3.4, 4.4, 5)

The gist is that :

- FISAAA 1881a was extended beyond PAA 2007 to cover Cloud computing
- (since 1978) "foreign intelligence information" includes purely 
political surveillance, which has nothing (necessarily) to do with 
national security or crime
- "foreign intelligence" <> "law enforcement"
- (especially since a FISCR decision in 2008) non-USPERS putting data 
into US Clouds have zero protection from 4th Amendment

Some people who followed the "warrantless wiretapping" affair closely 
seem to regard the above as mostly obvious (although there has been 
essentially zero prior analysis of FISAAA from viewpoint of a 
non-USPER), but the world media reaction the past few weeks shows that 
this came as a surprise to most people.

Happy to field comments, but grateful if this relates to what's in the 
report rather than the news coverage

Caspar Bowden

On 02/02/13 14:17, André Rebentisch wrote:
> Zack Whittaker with rather astonishing views on international legal
> cooperation:
> Yes, U.S. authorities can spy on EU cloud data. Here's how
> Summary: EU citizens and businesses are warned against using the cloud
> over the risk that U.S. law enforcement and intelligence agencies can
> obtain your personal records. Here's how the U.S. can acquire your data,
> even if you're based in the EU.
> --
> Unsubscribe, change to digest, or change password at:

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