Law in the Internet Society

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AnthonyMahmudFirstEssay 8 - 02 Dec 2019 - Main.EbenMoglen
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Cloudy With a Chance of Eyeballs: Consequences at the Seams of Cross-Border Data Sharing

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 I'd like to expand on the analytical content of this paper and clarify/hone the thesis. However, I found it difficult to make room for this material given the amount of background info I felt the need to cover. Ideally I would like to go more in-depth with an APA/ad law scrutiny of CLOUD's delegation and offer a more concrete (or at least more expansively explained) basis for my concerns about jurisdictional reach given CLOUD's placement/language in the SCA. But such arguments in isolation, I fear, would lack essential context for a reader who isn't familiar with CLOUD/SCA, MLATs & the existing procedures for authorized data sharing, and possibly the procedural history with Microsoft v. US. Where might I be able to cut summary content to make room for subjective/original material?
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I know the issues. You should take the steps to remove introductory material to put your own ideas forward more. But they should be yours: I know others' views of the issues, too. And it would be worth pointing out that the CLOUD Act was made because the US public cloud companies would otherwise have been flattened by an adverse ruling in the Supreme Court in Microsoft v. US, which would have subjected foreign data in the US and outside the US under the control of parties within the US to US law enforcement subpoenas. That would have ended the public cloud providers' credibility with non-US businesses for good. So if you want to replace the CLOUD Act with another mechanism, it must provide a better deal not only to US intelligence community and law enforcement, but also to AWS, MS, etc.

 



Revision 8r8 - 02 Dec 2019 - 19:16:52 - EbenMoglen
Revision 7r7 - 20 Nov 2019 - 16:52:42 - AnthonyMahmud
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