this post was submitted on 09 Aug 2025
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Privacy

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EU has CLOUD act analogue too (lemmy.dbzer0.com)
submitted 4 days 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 3 days ago (1 children)

the EU consists of several different communities, with different cultures and different thinking.

Where does this come from? An ultra conservative tabloid?

Although there is still a strong push towards national interests due to some countries' myopia, the EU members are largely aligned with common rules on every aspect of the social life, the EU laws comes before members' laws like in a federation, and there are common investments including the cohesion funds (did you ever hear of those?).

I think each country should be able to keep its healthy dose of sovereignty.

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.

You may be right if you talk about initiatives to contrast cryptography (which failed multiple times), but in general the EU has always had a centrist politics thanks to the fact that groups like ECR and Patriots never managed to get the power. In the latest years, the far right is gaining traction with victories in some countries and I dare to say that it's a mix of misinformation, conspiracy theories, and propaganda aiming to push precisely those ideas of an "healthy dose of sovereignty" to weaken what is becoming a political block that could eventually compete with the USA, China, and that could stop the imperialism of Russia. Having some of those far right parties strongly connected to MAGA and Putin, is an interesting "coincidence".

Check your sources because you have misunderstood lots of things. Unless, of course, you actually want the Europe of 1900.

[–] ReversalHatchery@beehaw.org 1 points 3 days 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?
[–] JumpyWombat@lemmy.ml 1 points 3 days ago

I haven’t read it anywhere. It’s just how it is. why do you think this is not the case?

So you are saying that you have first hand information to state that "the EU consists of several different communities, with different cultures and different thinking". Who are you? A sociologist who studied the EU for the past two decades?

I'm asking because it's completely in contrast with my first hand experience. I lived and worked in a few countries besides my original one and I found that the actual differences are more limited to what people eat for breakfast, what stereotypes they have for other countries, and the quality of the services one gets.

Basically what the ECR and the Patriots say

well their dose is not healthy

So where do you stand? With Farage cherry picking what you like of the Union?

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)

The cornerstone of the EU is the free market that means having a company from Spain able to do business in Germany. To achieve that, it is essential to have common rules and common standards just like it's essential to eliminate barriers. You can't have your cake and eat it too. The UK tried, and now they are out.

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

Maybe you didn't notice, but the European elections are already much more important than the local elections since the internal political economy is largely controlled by the EU. Your government can (for now) play around civil rights, manage pocket money, but cannot go out of the European boundaries that are becoming tighter and tighter every year.

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 are attacking a law that removes national barriers because your slightly-fascist country may abuse of that. Fix the fascism instead.

if a country bans encryption

It won't happen, but even if it does, you run your own.