[Stockholmspirater] Nyhetstips: U.S. Government Presents Draft Legislation for Cross-Border Data Requests

[PP Gagarin Miljkovich]

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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