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The Cloud Conspiracy 2008-2014

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There is one law (FISA 702) and one policy (EO12333) which authorizes the US government to conduct mass surveillance on “foreigners in foreign lands”. These are drafted in terms which discriminate the privacy rights you have by the passport you hold – in fact there are no rights at all for non-Americans outside the US.

It is obvious that this is a reasonably important dimension of the whole Snowden affair, because it starkly conflicts with ECHR norms that rights are universal and equal.

The only possible resolution compatible with universal rights is data localization, or construction of a virtual zone in which countries have agreed mutual verifiable inspections that mass-surveillance is not occurring (and at present this seems unlikely). There is a widespread misconception that somehow the new GDPR privacy regulation will curb foreign spying, when in fact it is designed to widen loopholes into floodgates.

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