[HN Gopher] US expected to publish Privacy Shield executive orde...
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       US expected to publish Privacy Shield executive order next week
        
       Author : elashri
       Score  : 52 points
       Date   : 2022-09-30 16:07 UTC (6 hours ago)
        
 (HTM) web link (www.politico.eu)
 (TXT) w3m dump (www.politico.eu)
        
       | angrycontrarian wrote:
       | Will this cancel out the other executive order, mandating that
       | the government track my online purchases?
        
         | haswell wrote:
         | Which executive order is this?
        
           | angrycontrarian wrote:
           | Looks like all financial transactions in general, not
           | necessarily online ones:
           | 
           | https://www.azcentral.com/story/money/business/2021/10/09/wh.
           | ..
        
             | haswell wrote:
             | > _The idea is to require banks, credit unions and other
             | providers of financial services to track and submit
             | information to the IRS about the total inflows and outflows
             | of every account_
             | 
             | > _The IRS wouldn 't receive details on individual
             | transactions but, rather, gross yearly totals._
             | 
             | This seems quite different than "tracking purchases",
             | online or not. As far as I can tell, they're looking to
             | identify movement of money between accounts that would
             | indicate behavior meant to skirt taxes.
             | 
             | I'm never excited about moves that involve more tracking of
             | individuals, but I also don't think it's fair to
             | characterize this as "tracking purchases".
             | 
             | Did this ever actually go into effect? Looks like this was
             | all just a proposal at the time the article was written.
        
               | Test0129 wrote:
               | Literally in the next paragraph it invalidates your point
               | 
               | > Reports submitted by banks to the IRS would break down
               | the numbers to include physical-cash transactions per
               | account, any transactions with a foreign account and
               | transactions between accounts held by the same owner. The
               | IRS wouldn't receive details on individual transactions
               | but, rather, gross yearly totals.
               | 
               | This _implies_ tracking of purchases. In particular, a
               | half-awake person will use cash to make transactions they
               | don 't want someone to know about. It doesn't take much
               | digging to correlate a cash transaction to something if
               | you know a few more details.
               | 
               | At any rate:
               | 
               | > I'm never excited about moves that involve more
               | tracking of individuals, but I also don't think it's fair
               | to characterize this as "tracking purchases".
               | 
               | It is exactly tracking purchases. Whether it's disguised
               | as "tax data" or "purchases" the fact is they know it.
               | Splitting hairs is exactly what they want you to do to
               | distract you from yet another incursion into our right to
               | privacy.
        
               | shuntress wrote:
               | What do you mean by a "half-awake person"?
               | 
               | Also, cash purchases do not interact in any way with your
               | bank account so I still do not see how this is tracking
               | purchases.
        
               | mikeyouse wrote:
               | It doesn't "imply" tracking transactions rather
               | specifically says they aren't going to track
               | transactions. From your own quote:
               | 
               | > _The IRS wouldn 't receive details on individual
               | transactions but, rather, gross yearly totals._
               | 
               | The banks will just have to provide a total account
               | breakdown, e.g.:
               | 
               | John Doe 2022 - Account 1 Report: $10,000 to foreign
               | banks, $6,000 received in cash, $3,000 sent to John Doe
               | Account 2.
        
               | haswell wrote:
               | > _Literally in the next paragraph it invalidates your
               | point_
               | 
               | How so? The quote you just pasted includes what I already
               | quoted - specifically that the IRS does not receive
               | details on individual transactions. Here's another
               | article that explores this and the common
               | misrepresentation of the proposal as well [0].
               | 
               | Your bank already tracks your purchases. They must do so
               | to know how much money you have now, and how much you'll
               | have after you make a purchase. That would not change.
               | They also cannot see what you do with your cash - that
               | will also not change.
               | 
               | The thing that seems new (and again, still _potentially_
               | concerning, but also potentially reasonable), is that
               | gross totals will be shared.
               | 
               | > _It is exactly tracking purchases. Whether it 's
               | disguised as "tax data" or "purchases" the fact is they
               | know it. Splitting hairs is exactly what they want you to
               | do to distract you from yet another incursion into our
               | right to privacy._
               | 
               | Given two scenarios, one in which a full list of your
               | individual transactions are sent to the IRS, and one in
               | which aggregate inflow/outflow data is provided to the
               | IRS, are you really arguing that these are the same, or
               | that distinguishing between them is splitting hairs?
               | Another framing would be that this is looking for an
               | accurate representation of what's actually going on.
               | 
               | How would you distinguish some hypothetical future policy
               | that involves _actually_ tracking /sending individual
               | purchases from this one that does not do such a thing?
               | 
               | But this all feels like a conversation of dubious value
               | since we're discussing an article that talks about a
               | proposal that hadn't yet been finalized at the time of
               | writing.
               | 
               | I'm not saying there aren't things to ask questions about
               | there, but I am saying that getting the details right
               | matters.
               | 
               | - [0] https://www.usatoday.com/story/news/factcheck/2021/
               | 09/29/fac...
        
       | EnKopVand wrote:
       | I spent a decade working with digitalisation in the public sector
       | in Denmark and I doubt this will change a thing considering a
       | executive order is too risky to rely on.
       | 
       | I'm a little torn on the issue because I value privacy, but
       | currently we have a nice scandal going here in my country, which
       | is essentially the former top intelligence boss of the military
       | secret police, or whatever you'd call it in English, being
       | accused of leaking state secrets. What he leaked was that our
       | government let the NSA spy on our citizens illegally, so it's not
       | like all our privacy laws actually protect us if our own
       | governments let the Americans have free access to our data any
       | way.
       | 
       | While the bureaucrats and lawyers discuss this, both the public
       | and private sector suffers the financial consequences. We
       | recently had a smaller scandal, where a town was told they
       | couldn't use their chromebooks, or their google education setup,
       | for this years schooling. Essentially making it impossible for
       | that city to teach, because so much of their setup relied on
       | google education and they only had a month to find an
       | alternative. You can argue privacy over this, but it's sort of
       | weird that one city, out of 30+ cities, were banned from using
       | these tools while the others weren't, and that they were banned
       | from it because they fucked up their documentation. I'm not going
       | to defend google, but really, in this case we're hurting the
       | education of thousands of children over something silly. Because
       | the alternative to google education isn't going to be Linux and
       | some European cloud alternative, because that simply doesn't
       | exist, it's going to be Microsoft and the exact same data
       | siphons. And this is really just a small part of the real world
       | issue.
       | 
       | There is no European alternative to Azure or AWS, and while they
       | are more GDPR compliant than Google, it's not like they are a
       | safe bet either. So where do you put your infrastructure? In
       | Azure or AWS and bet on the bureaucrats not coming for you, or in
       | a worse alternative?
       | 
       | I'm a fan of the GDPR, you might not think so after reading what
       | I just wrote but I am. I just think that maybe they should have
       | worked on giving us some European options first. Especially since
       | they seem to give the NSA access anyway, even though it's done in
       | secret. But an executive order isn't really going to help us,
       | because who knows what the next American government might do to
       | it. Nobody in enterprise is going to bet their infrastructure
       | strategy on american politics anymore.
        
         | jacooper wrote:
         | > I'm not going to defend google, but really, in this case
         | we're hurting the education of thousands of children over
         | something silly. Because the alternative to google education
         | isn't going to be Linux and some European cloud alternative,
         | because that simply doesn't exist, it's going to be Microsoft
         | and the exact same data siphons. And this is really just a
         | small part of the real world issue.
         | 
         | Nextcloud exists, and it can serve a school just fine.
         | 
         | In fact The EU is partnering with NextCloud to get rid of
         | Office 365(1)
         | 
         | Nextcloud is not fully there yet, but the only way to push it
         | to compete is to support local alternatives by giving them an
         | advantage.
         | 
         | Even though I still think Nextcloud is being held back by
         | technical decisions(PHP and its slowness and
         | 
         | It feeling janky)
         | 
         | > There is no European alternative to Azure or AWS, and while
         | they are more GDPR compliant than Google, it's not like they
         | are a safe bet either. So where do you put your infrastructure?
         | In Azure or AWS and bet on the bureaucrats not coming for you,
         | or in a worse alternative?
         | 
         | OVH is literally the fifth biggest internet hosting provider,
         | and Hetzner is 6th according W3techs(2)
         | 
         | > I'm a fan of the GDPR, you might not think so after reading
         | what I just wrote but I am. I just think that maybe they should
         | have worked on giving us some European options first.
         | Especially since they seem to give the NSA access anyway, even
         | though it's done in secret. But an executive order isn't really
         | going to help us, because who knows what the next American
         | government might do to it. Nobody in enterprise is going to bet
         | their infrastructure strategy on american politics anymore.
         | 
         | This is a specific case to Denmark, when looking at Europe in
         | general the legal requirement (and some times bans) of Google
         | analytics created GDPR friendly alternatives like Plausible.io
         | and Posthog.
         | 
         | And you can see the same thing with Nextcloud or EU hosting and
         | many other things.
         | 
         | Things take time, and result are starting to show up.
         | 
         | 2. https://w3techs.com/technologies/overview/data_center
         | 
         | 1. https://nextcloud.com/blog/european-governments-work-with-
         | ne...
        
           | [deleted]
        
           | aborsy wrote:
           | nextcloud leaves plenty to be desired even for home use.
           | Slow, bloated, buggy, etc.
           | 
           | And at the end it's just access to the files, that a samba
           | share does too, with native OS applications.
        
         | klabb3 wrote:
         | > What he leaked was that our government let the NSA spy on our
         | citizens illegally, so it's not like all our privacy laws
         | actually protect us if our own governments let the Americans
         | have free access to our data any way.
         | 
         | Yeah :/ Unless I hear otherwise, I'm assuming this order has
         | little to offer individuals and is instead a big business &
         | government treaty. Governments (including our European ones)
         | keeps their mass surveillance and American mega-corporations
         | get the business contracts, all covered in PR of increased
         | individual privacy.
         | 
         | Since it's an executive order, it also wouldn't surprise me if
         | there's a hidden payload relating to increased US surveillance
         | due to the war. I may sound cynical but every leak about the
         | intelligence apparatus has proven even me naive.
        
       | M2Ys4U wrote:
       | An Executive Order is not good enough, frankly. The US needs
       | _real_ legislative change in order to be considered adequate
       | under EU human rights law.
        
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       (page generated 2022-09-30 23:02 UTC)