EFF: US-UK Agreement to Allow Warrantless Access to US Internet Servers

This article is from the Electronic Frontier Foundation, which fights for your digital freedoms, about an agreement between the US and the UK which would allow the UK police access to data held by American companies without following US privacy laws or the 4th Amendment.

Congress, Remember the 4th Amendment? It’s Time to Stop the U.S.-UK Agreement.

Unless Congress stops it, foreign police will soon be able to collect and search data on the servers of U.S. Internet companies. They’ll be able to do it without a probable cause warrant, or any oversight from a U.S. judge. This is all happening because of a new law enforcement deal between the U.S. and the United Kingdom. And while it seeks to exclude purely domestic correspondence between U.S. citizens and residents, plenty of Americans’ data will get swept up when they communicate with targeted individuals located abroad.

This is all happening because, for the first time, the U.S. executive branch is flexing its power to enter into law enforcement agreements under the CLOUD Act. We’ve been strongly opposed to this law since it was introduced last year. The recently signed deal between the U.S. Department of Justice and the U.K. Home Office will allow U.K. police easy access to data held by American companies, regardless of where the data is stored. These U.K. data requests, including demands to collect real-time communications, do not need to meet the standards set by U.S. privacy laws or the 4th Amendment. Similarly, the deal will allow U.S. police to grab information held by British companies without following U.K. privacy laws.

This deal, negotiated by American and British law enforcement behind closed doors and without public input, will deal a hammer blow to the legal rights of citizens and residents of both countries. And the damage won’t stop there. The U.S.-U.K. Cloud Act Agreement may well become a model for further bilateral deals with other foreign governments and the United States. Earlier this month, Australian law enforcement agencies began negotiating their own deal to directly access private information held by U.S. Internet companies.

There’s still one possible path to put the brakes on this disastrous U.S.-UK deal: Congress can introduce a joint resolution of disapproval of the agreement within 180 days. This week, EFF has joined 19 other privacy, civil liberties, and human rights organizations to publish a joint letter explaining why Congress must take action to resist this deal.

No Prior Judicial Authorization

In the U.S., the standard for when law enforcement can collect stored communications content is clear: police need to get a warrant, based on probable cause. If police want to wiretap an active conversation, they have to satisfy an even higher standard, sometimes called a “super warrant,” that limits both the timing and use of a wiretap. Perhaps most importantly, stored communications warrants and wiretap warrants have to be signed by a U.S. judge, which adds an extra layer of review to whether privacy standards are met. At EFF, a core part of our work is insisting on the importance of a warrant in many different scenarios.

Judicial authorization is a critical step in the U.S. warrant process. When police search people’s private homes, offices, or devices, they must justify why the search for specific evidence outweighs the presumption that individuals remain free from government intrusion. Judicial authorization acts as a safeguard between citizens and law enforcement. Further, history has shown that police can and will abuse their powers for intimidation, or even personal gain. In colonial times, the British military used general warrants to search through colonists’ houses and seize property—actions that helped fuel a revolution, and formed the basis for the 4th Amendment to the U.S. Constitution.

Incredibly, the DOJ has just thrown those rights away. Instead of relying on probable cause, the new agreement uses an untested privacy standard that says that orders must be based on a “reasonable justification based on articulable and credible facts, particularity, legality, and severity.” No judge in any country has decided what this means. Continue reading “EFF: US-UK Agreement to Allow Warrantless Access to US Internet Servers”

Liberty Blitzkrieg: AG Barr Wants to Kill Privacy and Security

Michael Krieger of Liberty Blitzkrieg has written a post about US Attorney General William Barr who has come out very much against the use of encryption by anyone but the government in recent weeks. The government wants full access to everything that you do and say wherever you are doing it, no matter how personal or private. As usual, it must be done “to save the children.”

William Barr Wants to Kill Privacy and Security…’For the Children’

U.S. Attorney General William Barr, along with co-conspirators in the UK and Australia, recently wrote a letter to Mark Zuckerberg requesting he not move forward with a plan to implement end-to-end encryption across Facebook’s messaging services. A draft of the letter was published earlier this month by Buzzfeed, and it’s worth examining in some detail.

What immediately strikes you is the letter’s emphasis on “protecting the children,” a talking point universally used by authoritarians throughout history to justify both a reduction of public liberty and a transfer of increased power to the state. Though this tactic is transparent and well understood by those paying attention, it’s nevertheless disturbing to observe Barr’s disingenuous and shameless use of it (the words ‘child’ and ‘children’ appear 17 times in the course of this brief letter).

Here’s just one example from the letter:

Companies should not deliberately design their systems to preclude any form of access to content, even for preventing or investigating the most serious crimes. This puts our citizens and societies at risk by severely eroding a company’s ability to detect and respond to illegal content and activity, such as child sexual exploitation and abuse, terrorism, and foreign adversaries’ attempts to undermine democratic values and institutions, preventing the prosecution of offenders and safeguarding of victims. It also impedes law enforcement’s ability to investigate these and other serious crimes. Risks to public safety from Facebook’s proposals are exacerbated in the context of a single platform that would combine inaccessible messaging services with open profiles, providing unique routes for prospective offenders to identify and groom our children.

Barr and the U.S. government feign deep concern regarding the ability of bad people to “identify and groom our children,” yet this is the same guy and government who allowed Jeffrey Epstein to be suicided in a Department of Justice prison just a few months ago. It’s the same guy and government who can’t find or doesn’t want to find Ghislaine Maxwell. And it’s same guy and government that can’t be bothered to raid Epstein’s New Mexico ranch despite known instances of child abuse there…

Click here to read the entire article at Liberty Blitzkrieg.

More Anti-Gun Crazy from New York

From RochesterFirst.com, more proof that the inmates are running the asylum – Proposed law would let State search gun owner’s social media and internet history. The privacy invasions involved in this bill are a new level of crazy. Look for more of this mental diarrhea coming to a state near you.

A new act introduced in the New York State Assembly this month would require pistol owners to submit to a “social media review.”

Anyone applying for, or renewing a pistol permit would have to give up all login information, including passwords, for any social media sites they’re a part of.

Posts from the past three years on site like Facebook, Twitter and Snapchat would be reviewed for language containing slurs, racial/gender bias, threats and terrorism.

One year of search history on Google/Yahoo/Bing would also be reviewed.

Related:

Conservative Firing Line: New York Senate Bill 9191 – Destroying the Bill of Rights