https:// www.eff.org/deeplinks/2018/03/new-backdoor-around-fourth-amendment-cloud-act
A New Backdoor Around the Fourth Amendment: The CLOUD Act
By David Ruiz
March 13, 2018
…..Moreover, the CLOUD Act allows the foreign police who collect Americans’ communications to freely use that content against Americans, and to freely share it with additional nations.
To review: The CLOUD Act allows the president to enter an executive agreement with a foreign nation known for human rights abuses. Using its CLOUD Act powers, police from that nation inevitably will collect Americans’ communications. They can share the content of those communications with the U.S. government under the flawed “significant harm” test. The U.S. government can use that content against these Americans. A judge need not approve the data collection before it is carried out. At no point need probable cause be shown. At no point need a search warrant be obtained.
This is wrong. Much like the infamous backdoor search loophole connected to broad, unconstitutional NSA surveillance under Section 702, the backdoor proposed in the CLOUD Act violates our Fourth Amendment right to privacy by granting unconstitutional access to our private lives online.
Also, when foreign police using their CLOUD Act powers inevitably capture metadata about Americans, they can freely share it with the U.S. government, without even showing “significant harm.” Communications “content” is the words in an email or online chat, the recordings of an internet voice call, or the moving images and coordinating audio of a video call online. Communications “metadata” is the pieces of information that relate to a message, including when it was sent, who sent it, who received it, its duration, and where the sender was located when sending it. Metadata is enormously powerful information and should be treated with the same protection as content.
To be clear: the CLOUD Act fails to provide any limits on foreign police sharing Americans’ metadata with U.S. police.