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AnthonyMahmudFirstEssay 4 - 31 Oct 2019 - Main.AnthonyMahmud
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Cloudy With a Chance of Eyeballs: Consequences at the Seams of Cross-Border Data Sharing | | | Source of Purported Necessity | |
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< | Before CLOUD’s enactment, foreign governments could seek access to US-held data either through letters rogatory, (a judicial instrument,) or far more commonly, Mutual Legal Assistance Treaties (MLATs) MLATs are binding, area-specific, legislatively developed agreements for information sharing, the legality of which is held in check by judicial review. Though already capable of facilitating the kinds of exchanges that CLOUD seeks to enable, MLATs draw ire from law enforcement and intelligence bodies whose urgent concerns lack the temporal pliancy to be bottlenecked by reviews that can stretch from months to years. Understandably, these actors bolster their capacity to act when their access to critical data nears instantaneous. | >
> | Before CLOUD’s enactment, foreign governments could seek access to US-held data either through letters rogatory, (a judicial instrument,) or far more commonly, Mutual Legal Assistance Treaties (MLATs) MLATs are binding, area-specific, legislatively developed agreements for information sharing, the legality of which are held in check by judicial review. Though already capable of facilitating the kinds of exchanges that CLOUD seeks to enable, MLATs draw ire from law enforcement and intelligence bodies whose urgent concerns lack the temporal pliancy to be bottlenecked by reviews that can stretch from months to years. Understandably, these actors bolster their capacity to act when their access to critical data nears instantaneous. | | | Erosion and Inequities of Regulatory Autonomy |
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