[Stockholmspirater] Nyhetstips: U.S. Government Presents Draft Legislation for Cross-Border Data Requests
PP Gagarin Miljkovich
gagarin.miljkovich at piratpartiet.se
Sat Jul 16 16:30:55 CEST 2016
U.S. Government Presents Draft Legislation for Cross-Border Data
Requests
https://www.lawfareblog.com/us-government-presents-draft-legislation-cross-border-data-requests
The government’s long-awaited proposal for addressing cross-border data
requests, in the form of draft legislation, is finally here. The
government also provided a section-by-section analysis and a description
of a U.S.-U.K. agreement that would be the first specific application of
the legislation if it is enacted.
From a very quick read, the new legislation removes U.S. legal barriers
to direct access to U.S. communications providers by foreign governments
that have entered into executive agreements with the U.S., where the
agreements meet certain requirements that the U.S. Attorney General must
certify to Congress.
The law applies only to non-U.S. person targets reasonably believed to
be located abroad; can be used only in support of criminal
investigations (in other words, not for affirmative foreign
intelligence, but including for the prevention of crime); reaches both
contents and metadata; covers real-time interception as well as access
to stored data; and forbids bulk collection. It does not address
encryption one way or the other.
The proposed legislation allows wiretapping of live communications, not
merely access to stored data.
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