Privacy

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EU has CLOUD act analogue too (lemmy.dbzer0.com)

submitted 8 months ago by cookie019@lemmy.dbzer0.com to c/privacy@lemmy.ml

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Hi everyone. Probably not everyone knows but EU has CLOUD Act analogue too - it has a name "e-evidence - cross border access". so this is a description of framework from the official site - "create a European Production Order: this will allow a judicial authority in one Member State to obtain electronic evidence (such as emails, text or messages in apps, as well as information to identify a perpetrator as a first step) directly from a service provider or its legal representative in another Member State, which will be obliged to respond within 10 days, and within 8 hours in cases of emergency (compared to up to 120 days for the existing European Investigation Order or an average of 10 months for a Mutual Legal Assistance procedure);"

basically it means that the national authorities of the country where companies are registered no longer has juducial control over law protection of their companies - so for example if extreme right government of Poland will be dissappointed with your post on Mastodon about Pegasus surveillance used by them against political journalists by new Framework they will issue juicial order to obtain your mastodon account details, ip, email etc and will electronically request your mastodon provider (which reside for example in Belgium) to give this data to them withis 8 hours or 10 days (without possibility to make appelation) basically overriding national courts of country of registration of the provider.

Do you believe that EU goverment respect right to privacy and national souvereginity as a fundamental right?

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[–] JumpyWombat@lemmy.ml -1 points 8 months ago* (last edited 7 months ago) (2 children)

[–] ReversalHatchery@beehaw.org 2 points 8 months ago (1 children)

What you propose is an alliance where countries maintain their differences, essentially the dissolution of the EU and the return to the Europe of the early 1900.

to the 1900? what? do you think that currently the EU is one big country with no major differences?

the EU consists of several different communities, with different cultures and different thinking. I think each country should be able to keep its healthy dose of sovereignty. I'm not saying what we have today is ideal, but turning everything to be more authoritarian is not going to make anything better.

[+] JumpyWombat@lemmy.ml 1 points 8 months ago* (last edited 7 months ago) (1 children)

[deleted]

[–] ReversalHatchery@beehaw.org 1 points 8 months ago (1 children)

Where does this come from? An ultra conservative tabloid?

umm, no, I haven't read it anywhere. It's just how it is. why do you think this is not the case?

are you immediately imagining me as a russian tankie?

Basically what the ECR and the Patriots say, which is amusing because they are the authoritarian ones, including some big fan of Putin, MAGA, and Hitler. When you think about it, it's not surprising that an "healthy dose of sovereignty" goes side by side with far-right ideas.

well their dose is not healthy

what is becoming a political block that could eventually compete with the USA, China, and that could stop the imperialism of Russia.

as I see this would either need voluntary high cooperation of most countries, which would be a good thing (but not in the sense of imposing my country's laws on your country because your country hosts servers of interest), but something very hard to achieve because that would need to be maintained for multiple political parties when they are elected.
or a united states of europe that would basically replace each country's political system with a top-down system as the other user said, where there are no local elections for the ruling party anymore, or much less meaningful, but only an EU-wide election. which I'm not sure if it's bad, it's certainly a lot different. but it's not something I like that after that, moving to another EU country is not an option if what you want is to leave a bad legal regime.

you know, maybe I have these main problems with the eu cloud act:

10 days is way too little time for appeal, especially when there's a high volume of requests (a single country could overload their capacity)
you won't get to know if a country has held the gun to your email or other provider to hand over your data. yes this is the case already, but this change makes it even worse.
if a country bans encryption, does that mean my online service providers have to ban me from the encrypted functions?

[–] iii@mander.xyz 1 points 8 months ago* (last edited 8 months ago) (1 children)

You shouldn't assume what I think, especially when you are wrong.

If it walk like a duck, and quacks like a duck. Perhaps you should engage in some soul seeking :(

What you propose is an alliance where countries maintain their differences, essentially the dissolution of the EU and the return to the Europe

Again, there's more ways to interact with others than (a) everyone is dictated top down vs (b) dog eat dog.

What I propose is voluntary democratic cooperation. An improvement upon the current structure with more respect for everyone.

"In Russia they're doing it too" is to me insufficient motivation to lessen our democratic basis and individual freedoms.

I'm afraid that you don't understand how the executive power works.

How it should work is a legislative branch to propose laws, a parliament to vote on it, an executive to implement it. The bastardization of the process by the EU is that the executive initiates legislation, and isn't directly elected.

That's why they can repeatedly propose the same unpopular law, without any fear of losing power.