Why the CLOUD Act is Good for Privacy and Human Rights

Jennifer Daskal and Peter Swire write:

A dozen privacy and human rights groups have opposed the bipartisan CLOUD Act regulating cross-border data access, claiming that it will erode basic liberties. They describe the bill as helping “empower” foreign governments to commit human rights abuses; endangering constitutional rights; and even, in an email sent to the Hill this week, undercutting LGBT rights around the world.

We respectfully disagree. Contrary to these claims, the bill would improve privacy and civil liberties protections compared to a world without such legislation.

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