CLOUD Act Explained – Trump’s Ultimate Warrantless Surveillance Bill


This is not an exaggeration or a hyperbole. Signing the Omnibus Spending Bill on March
23, 2018, Trump did his worst disservice to the American people during his presidency. That’s because with the bill he also signed
into law an act that completely rewrites the democratic principles of the criminal justice
system. With one signature, all Americans and many
more millions of people around the world have lost their protection from unreasonable search
and seizure. No probable cause is needed to access their
personal information from now on. And the presumption of innocence has just
acquired a fresh new design – guilty until found evidence. This is what the controversial CLOUD Act is
going to mean for you. The Clarifying Lawful Overseas Use of Data
Act is a bill that enables the US government or any other foreign government the United
States has surveillance partnerships with to obtain private user data without a warrant
or a probable cause. The US or foreign law enforcement would obtain
the user data directly from private companies, without notifying the individual, or the law
enforcement of said country. Of course, the bill managed to mention that
foreign governments shouldn’t intentionally target U.S. citizens. But that’s not how this works on the ground. Remember the section 702 extension that gave
Trump unlimited surveillance power over US citizens? It’s illegal for the government to target
its own citizens. So the Section 702 of the FISA bill allows
the government to collect private data of American people from surveillance of foreign
targets that might share a communications vector with those American people. This bill works in reverse. Prior to the CLOUD Act, if US persons had
their data held in overseas data centers of an American company, like Facebook, Apple,
or Microsoft, companies could have defended against complying with such data requests
by citing overseas protections in a foreign jurisdiction. CLOUD Act changes everything. It strips away American companies of any protection
from unwarranted data requests. Under the CLOUD Act the US government doesn’t
have to go to court or ask the foreign government to compel a data disclosure. They go directly to the US company and CLOUD
Act legally obliges them to comply. But the way CLOUD Act is framed also allows
foreign governments to go to US companies with data requests. All they need to say is that their intent
is a foreign target. But given the nature of online communications,
that can expand to surveillance of millions of innocent people. If you struggle to grasp how foreign surveillance
affects interception of domestic communication, the Snowden movie offers a great explanation. To better visuals how CLOUD Act could be abused
by foreign governments on the ground, the EFF provides an exemplary demonstration. “London investigators want the private Slack
messages of a Londoner they suspect of bank fraud. The London police could go directly to Slack, a U.S. company, to request and collect those messages. The London police would not necessarily need
prior judicial review for this request. The London police would not be required to
notify U.S. law enforcement about this request. The London police would not need a probable
cause warrant for this collection. Predictably, in this request, the London police
might also collect Slack messages written by U.S. persons communicating with the Londoner
suspected of bank fraud. Those messages could be read, stored, and
potentially shared, all without the U.S. person knowing about it. Those messages, if shared with U.S. law enforcement,
could be used to criminally charge the U.S. person in a U.S. court, even though a warrant
was never issued.” This treatment is a galactic mile step backwards. It enables law enforcement to keep digging
into private data of people until they find whatever slightly incriminating evidence about
them. With CLOUD Act in existence people are no
longer treated as citizens, but as enemies of the state. Maybe you’re asking yourself: how did all this happen? In 1986 the US Congress approved the Stored
Communications Act that required that service providers disclose their electronic communications,
like phone records, and user data. Fast forward today, cloud computing and cloud
services emerge and data are now stored internationally, which the SCA did not cover. That means the US law enforcement has no legal
teeth to require US companies to hand over data produced in clouds hosted abroad. This manifested itself in the case the United
States v. Microsoft Corp. where Microsoft contested the government’s request to access
emails of a suspect in a drug trafficking case. Microsoft lost the case in the New York District
Court but appealed for the Second Circuit which ruled in their favor. Microsoft did hand over account details to
the US Government, but argued that accessing emails stored abroad is outside of the US
jurisdiction. The US government appealed to the Supreme
Court where hearings started in October 2017. Three Justices of the Supreme Court suggested
that the issue should be resolved legally, rather than judicially. On February 6, 2018, Senator Hatch and Representative
Collins introduced the CLOUD Act for the first time. Microsoft all of a sudden applauded the legislation
and reiterated their unquestionable support. “More than anything, we now need governments
to move forward quickly to put new international agreements in place. … The ultimate goal – one that is likely
to take some additional years to achieve — is a set of agreements that create an accepted
model and establish clear international legal rules that satisfy law enforcement and privacy
advocates alike,” It is 8:00 pm, March 22nd, 2018, the night
before the Congressional vote on the Omnibus. The CLOUD Act, which had never been vetted
nor had it received a hearing, is added to the bill without any review or committee mark-up. Given that every Congress person had only
a minute per page if they wanted to read through the 2,232-page document, it is safe to presume
the majority of them were not even aware of the bill. Except for Rand Paul and Ron Wyden. This is how the US government built a backdoor
into 4th amendment for foreign governments to spy on their own citizens. So what can you do? You need to avoid services provided by US
companies, or companies residing in one of the US surveillance partners. These include all the 5-eyes, 9-eyes and preferably
even 14-eyes countries. The absolute red flag are Australia, Canada,
New Zealand, the United Kingdom, France, and Israel. These countries can be considered as enemies
of the Internet. Switch to an encrypted email provider. The best option is Protonmail, Posteo, Tutanota,
and Disroot. Whenever you need to use a cloud storage,
encrypt everything with Cryptomator. Use encrypted instant messengers like Signal,
Wire, or Cryptocat. Be vigilant. Privacy you lose today will be abused by someone
in a few years’ time. It happened before, it will happen again. That’s why they do it. Thanks for watching. If you liked the video, please engage in a
discussion by commenting below and sharing the video with your friends. If you are new to this channel, you’re welcome
to subscribe.

27 thoughts on “CLOUD Act Explained – Trump’s Ultimate Warrantless Surveillance Bill

  1. I suggest whoever slipped it in at the last minute is the cuprit, not Trump
    Where's the issue anyway ?
    Facebook, Google, youtube etc have already done it !
    & they brought down the twin towers to make us allow it under the pretext of searching for Terrorists !

  2. This is why omnibus measures should be made illegal/unconstitutional! In the U.S. Congress, omnibus bills seem to always cover a large number of diverse or unrelated topics and to be thousands of pages long. They appear to be designed to hide specific bills from public scrutiny. And they are so long that lawmakers can't read every page. It's sham legislation! Every lawmaker who voted for this offal should should face trouble this November. If you're a U.S. citizen, here are the links to the votes in Congress. House vote: https://www.govtrack.us/congress/votes/115-2018/h127. Senate vote: https://www.govtrack.us/congress/votes/115-2018/s63.

  3. What I love most about your videos is you don't just analyze a problem, rant, and complain; You provide reasonable solutions that we can all implement immediately to fix the problems you have presented. Thank you for sharing all of this information.

  4. i have a feeling that all this cambridge analytica scandal was on purpose to bring in people's blind support in formation of new laws (which the media will bend and say its only to prevent things like facebook) and also to gain their faith in the government
    the timing of this whhistle blower was amazing, just before the midterm elections.
    cambridge analytica supported their clients (the republican in 2016) and now that they are no use to them they are exposing their secrets to defame them.
    the whistle blower here is quite a shady figure.

    this is just like operation northwood (or 9/11 or false flag attacks), first, they themselves deliberately attacked their people's privacy and now as the crowds' got agitated they will quickly push these laws (coated with gold) to invade the people's privacy (just like they invaded iraq)
    And ofcourse the people who worship cnn, cbs etc. will be told how great these laws are for their future and they will nod along.

  5. What does this mean for DuckDuckGo?! They are U.S based so is startpage the way to go now? Or does DuckDuckGo not collect any information therefor they have nothing to give?

  6. With Stored Communication Act and this CLOUD Act, the U.S. Had the cheek to condemn Huawei and China ??!! Just how shameless it can be ????

  7. I tought a vps in the netherlands (where I live) would be save. It was the main reason I decided not to switch to something cheaper abroad. I guess having my stuff in the netherlands is no different than the us though. I guess I should start looking for something somewhere like norway

  8. Just a Tip from an old man. My Cloud sits on a Shelf in the Living room. 8.5 Terrabyte. Encryption for sending and receiving. Everybody in my Family uses it. Apple Os and Android and Windows and Linux can use it. Costs a bit but worth it. Duck it on the Net and there are lot of those systems. ( I used to say Google it) Dont use those Mainstream Cloudsystems. Anybody can look into those. If i think my at Home sitting Cloud is breached i can pull the Plug. Can you do that with a public Cloud?

  9. Microsoft was playing chess with the govt against unknowing American people. Holy hell . Microsoft said “sure we will be the Trojan horse for your backdoor legal jurisdiction expansion plan”

  10. Can you tell me or can someone tell me why you have three private videos? Transparency is important to me when deciding to trust a channels information even if everything else checks out. There are many channels that are filled with disinformation propaganda. Im not saying yours is just doing my due diligence. Thank you.

  11. “Not a citizens but enemies of the state…” thats one awesome phrase… love it
    Great video, great content, great job! keep it going 🙂🙃

  12. Generally would be a good video, if not for the preposterous statement at the very end: "US, Canada, Australia, UK, and NZ are enemies of the internet". Sure, they have screwed up on a number of occasions, but enemies of the internet? Seriously? Not China, Russia, Iran, North Korea, etc.? Are you sure?

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