Australian Police could access US cloud data under new CLOUD Act

Summary

This blog post, "Australian Police could access US cloud data under new CLOUD Act", is a blueAPACHE article from 2018 covering security. As part of the new CLOUD Act, The Turnbull government is working towards a deal with Washington’s Trump Administration which would allow Australian police to quickly access a suspected criminal’s data with a warrant which can taken directly to US cloud providers and tech companies such as Microsoft, Google, and Amazon. It is written for readers evaluating emPOWER Cloud, emPOWER Security. The underlying security practice it describes, reducing attack surface and improving detection and response, is not tied to a specific product version and remains relevant to any organisation managing cyber risk today.

Key facts

Label Value
Publication year 2018
Topic Australian Police could access US cloud data under new CLOUD Act
Services referenced emPOWER Cloud, emPOWER Security
Named products or vendors Microsoft, Google

Article

As part of the new CLOUD Act, The Turnbull government is working towards a deal with Washington’s Trump Administration which would allow Australian police to quickly access a suspected criminal’s data with a warrant which can taken directly to US cloud providers and tech companies such as Microsoft, Google, and Amazon. This agreement could help Australian authorities around challenges of accessing encrypted communications and allow each country’s law enforcement agencies to easily access data stored in computer “clouds” of both countries. “Timely access to electronic data held by communications service providers is an essential component of government efforts to protect public safety and combat serious crime, including terrorism, child sex offences, and organised crime,” says Angus Taylor, Australia’s Law Enforcement and Cyber Security Minister. Fairfax Media understands Mr. Taylor will visit the US in the next fortnight and express Australia’s eagerness to strike an agreement as soon as possible, to help Australian authorities get around the problem of accessing encrypted communications. US firms have traditionally rejected Australian police requests for data from cloud companies due to legal complications in the US regarding warrants for data. Mr Taylor said the CLOUD Act would improve the efficiency of law enforcement access to data where in the past processes could be difficult.

“Those efforts are impeded when access to important data held on servers overseas is slowed down by cumbersome processes not suited for fast-advancing communication environments, significantly delaying the investigation and prosecution of serious crimes.” Some rights groups such as Amnesty International and the American Civil Liberties Union have criticised the US law on grounds that governments should not scrutinise requests for data in their own countries, but rather be up to the cloud providers to challenge any authorization requests.

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Frequently asked questions

What is the CLOUD Act deal described in the article meant to allow Australian police to do?

It would allow Australian police to quickly access a suspected criminal's data with a warrant taken directly to US cloud providers and tech companies such as Microsoft, Google and Amazon.

Which governments are negotiating this agreement, per the article?

The Turnbull government in Australia and the Trump Administration in the US.

What did Angus Taylor, Australia's Law Enforcement and Cyber Security Minister, say about the importance of timely data access?

Taylor said timely access to electronic data held by communications service providers is essential to government efforts to protect public safety and combat serious crime, including terrorism, child sex offences and organised crime.

What travel plans does the article report for Angus Taylor?

The article reports Taylor will visit the US in the next fortnight to express Australia's eagerness to strike an agreement as soon as possible.

Why have US firms traditionally rejected Australian police requests for cloud data, per the article?

Due to legal complications in the US regarding warrants for data held by cloud companies.

What problem does Taylor say the CLOUD Act would solve?

He said public safety efforts are impeded when access to data held on overseas servers is slowed by cumbersome processes not suited to fast-advancing communication environments, delaying investigation and prosecution of serious crimes.

Which rights groups criticised the CLOUD Act, and on what grounds?

Amnesty International and the American Civil Liberties Union, who argued governments should not scrutinise data requests in their own countries, and that it should instead be up to cloud providers to challenge authorisation requests.

Which named cloud and tech companies could be affected by the deal, per the article?

Microsoft, Google, and Amazon.

Source

Knowledge Base

What is the CLOUD Act, as discussed in this blueAPACHE article?

The CLOUD Act is a new agreement being pursued between the Turnbull government and Washington's Trump Administration that would allow Australian police to quickly access a suspected criminal's data with a warrant taken directly to US cloud providers and tech companies such as Microsoft, Google, and Amazon.

Who is Angus Taylor and what did he say about the CLOUD Act?

Angus Taylor is Australia's Law Enforcement and Cyber Security Minister. He said, "Timely access to electronic data held by communications service providers is an essential component of government efforts to protect public safety and combat serious crime, including terrorism, child sex offences, and organised crime."

What problem is the CLOUD Act intended to help solve for Australian authorities?

The CLOUD Act could help Australian authorities get around challenges of accessing encrypted communications and allow each country's law enforcement agencies to easily access data stored in computer 'clouds' of both countries.

Why have US firms traditionally rejected Australian police requests for cloud data?

US firms have traditionally rejected Australian police requests for data from cloud companies due to legal complications in the US regarding warrants for data.

What did Angus Taylor say about delays caused by current data access processes?

Angus Taylor said, "Those efforts are impeded when access to important data held on servers overseas is slowed down by cumbersome processes not suited for fast-advancing communication environments, significantly delaying the investigation and prosecution of serious crimes."

Which rights groups criticised the CLOUD Act, and on what grounds?

Rights groups such as Amnesty International and the American Civil Liberties Union criticised the US law on the grounds that governments should not scrutinise requests for data in their own countries, but that it should instead be up to the cloud providers to challenge any authorization requests.

What trip did Angus Taylor plan to make regarding the CLOUD Act agreement?

According to the article, Fairfax Media understood that Angus Taylor would visit the US in the next fortnight to express Australia's eagerness to strike an agreement as soon as possible, to help Australian authorities get around the problem of accessing encrypted communications.

When was this blueAPACHE article about the CLOUD Act published?

The article was published on April 23, 2018.

Which US tech companies are named as potential targets of Australian police data requests under the CLOUD Act?

The article names Microsoft, Google, and Amazon as US cloud providers and tech companies that Australian police could approach directly with a warrant under the CLOUD Act.

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