And providers should commit to reporting of CLOUD Act demands the same way. We have come to depend on provider leadership on transparency to understand government access demands, and with the CLOUD Act and executive agreements, we will need providers more than ever.
Transparency Reporting After the Cloud Act - It's Time for a Refresh | Center for Internet and Society
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Article 3, Par. 2. So if an interception order from the UK prohibits disclosure, will providers be able to include the request in their reports? We may already know the answer to that thanks to Vodafone's transparency reporting. It says in its most recent report that it has been prohibited from reporting even aggregate statistics for UK interceptions:
Section 19 of the Regulation of Investigatory Powers Act 2000 prohibits the disclosure of the existence of any lawful interception warrant and the existence of any requirement to provide assistance in relation to a warrant. This duty of secrecy extends to all matters relating to warranted lawful interception. Data relating to lawful interception warrants cannot be published. Accordingly, to publish aggregate statistics would be to disclose the existence of one or more lawful interception warrants. All of the major US providers include aggregate statistics about the number of requests for access to data coming from the UK, the number of accounts affected and what percentage of those requests were fulfilled.
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