Mar 5, 2018 | Reforming Laws | Clarifying Lawful Overseas Use of Data (CLOUD) Act|

A ‘global game of whack-a-mole’: Overseas data rules are stuck in the 19th century

How should law enforcement officials deal with digital data that happens to be stored in a different country? If FBI agents, pursuing a subject who committed a crime in the United States, serve a valid court order on an American company, the government shouldn’t have to wait a year because the company happens to store the information overseas. Likewise, if the London police are investigating a local murder, the fact that they are seeking phone records from a communications provider located in the United States should not block them from doing their job.

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Feb 14, 2018 | Brad SmithReforming Laws | Clarifying Lawful Overseas Use of Data (CLOUD) Act|

Don’t Let Criminals Hide Their Data Overseas

Congress is now considering long-overdue legislation that authorizes faster access to internationally stored electronic data needed to prosecute serious crime and disrupt terrorist plots in the United States, Britain and elsewhere. The legislation, the Clarifying Lawful Overseas Use of Data Act, or Cloud Act, would preserve law and order, advance the United States’ leadership in cybersecurity, ease restrictions on American businesses and enhance privacy standards globally. This is a priority for both of our governments.

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Feb 11, 2018 | Government Access to DataReforming Laws | Clarifying Lawful Overseas Use of Data (CLOUD) Act|

It’s Too Hard to Search the Cloud

Conflicts of law in cyberspace have grown worse in recent years. Multinational technology companies now regularly fight costly legal battles with the U.S. government. Both sides want to know: Can a U.S. warrant compel the disclosure of data stored abroad and subject to foreign law? Whose law takes precedence? What can be done to prevent such conflicts?

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Jun 15, 2017 | Reforming Laws | Clarifying Lawful Overseas Use of Data (CLOUD) Act

Modern digital data laws that balance law enforcement needs with privacy can create a model for the world

A consensus is emerging among technology companies, civil society, judges, law enforcement officials and other stakeholders on the need to modernize our country’s antiquated digital data laws. The Electronic Communications Privacy Act (ECPA) – enacted nearly 31 years ago – was written at a time when American industry’s technology, customer base and infrastructure were largely...

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