Monday, May 07, 2018

Cloud Act could be used to screen unposted, private data for illegal behavior, even given the 4th Amendment

This piece by Daivd Ruiz of Electronic Frontier Foundation on the Cloud Act and the Fourth Amendment does bear attention. 

The bill would allow data detected by foreign law enforcement partners from Cloud backups to share data with the US. 

It’s pretty clear that cloud backups will be scanned more often in the future for child pornography and now sex trafficking content, which might be a tool to reduce downstream liability exposures due to FOSTA (although this would go further, into private backups that the user didn’t intend to post).
It would seem possible to scan them for suspicious behavior or interests of various kinds.  Although a way down the pike, it sounds feasible to scan for low-level copyright infringement, merely illegally saving personal copies of material that was supposed to be purchased.   

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