Quote:
Originally Posted by ms.rogue
Well the Cloud Act just passed it destroys privacy globally so it had to be snuck into the 1.3 trillion omnibus without debate. It enables foreign police to collect and wiretap people's Communications from us companies without obtaining a warrant, and it allows foreign Nations to demand personal data stored in the United States without prior review by judge. It allows the US president To enter "executive agreements" that Empower police and foreign nations that have weaker privacy laws than the United States to Seize data in the United States while ignoring US privacy laws, it allows foreign police to collect someone's data without notifying them about it and last but not least It Empowers US police to grab any data regardless if it's a US persons or not no matter where it is stored.....how wonderful is that...
|
Sweetheart, all of the above is accurate,
but it is hardly correct.
Let me explain:
The U.S. Constitution divides our "government" into three parts.
Legislative (Congress) which passes bills which cannot become laws until signed by the
President (executive) who can sign or can veto and then have the Justice Department publish the enacted rule in the Federal Register which outlines and sets the new law into the record and thus into effect
Courts (Judiciary) which can then -- once asked via lawsuits filed by individuals, groups, corporations, associations, even other government (city or state) bodies -- to consider the constitutionality of said laws.
You can bet a dollar to a donut that the Cloud act and the changes to Section 230 of the Communications Decency Act will be tested in the Federal court system and very soon, imo.
Given the magnitude of the Cloud act you can bet more than a few federal courts will accept those suits challenging the laws -- and, again, based on what the breadth and timing of the act might be once published, many judges probably will enjoin the effective date of the act until courts hold trials and decide the challenge.
Nothing is guaranteed in the above, of course, so planning for the inevitable is a good idea.
Panic, however, is premature.
The facts of this matter are that:
Congress
cannot easily suspend, amend or defeat the many Amendments within the Constitution and federal jurists pay close attention to protecting the freedoms granted by those Amendments.
Even decisions by the President (think DACA, immigration, etc.) which look to be within his power to enforce or change, can be challenged in court and enjoined or allowed depending on what the federal judge holds as allowed, or not allowed. The lower court decision can (and are) be appealed into the circuit courts and then brought to the Supreme Court.
Again, always worth planning ahead -- and being careful and cautious is the right thing to do if we want to continue hobbying and having fun.
My Bio Page - Washington DC
My Bio Page - Nebraska
My Bio Page - Arkansas
