ECPA, SCA

• Electronic Communications Privacy Act (ECPA); Stored Communications Act (SCA)
• almost 30 years old regulations
• outdated concepts, not reflecting reality of cloud computing
• data stored more than 180 days are considered as abandoned   read more    concerns among others the data stored by Gmail, Google Drive, Facebook, Dropbox, . . .  
• "abandoned" data can be requested by authorities without any judicial review
•   https://it.ojp.gov/default.aspx?area=privacy&page=1285  

USA Patriot Act

• USA Patriot Act from 2011 and 2005
• government access to cloud data:
  • Notwithstanding section 604 or any other provision of this title, a consumer reporting agency shall furnish a consumer report of a consumer and all other information in a consumersfi le to a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with a written certification by such government agency that such information is necessary for the agency's conduct or such investigation, activity or analysis.
• confidentiality:
  • No consumer reporting agency, or officer, employee, or agent of such consumer reporting agency, shall disclose to any person, or specify in any consumer report, that a government agency has sought or obtained access to information under subsection
  cloud providers obliged to not inform the users of the request to copy their data to the government.
•   http://www.justice.gov/archive/ll/highlights.htm