Cloud Act Implementation Issues

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ORIGINALLY PUBLISHED ON THIS SITE
By Greg Nojeim

Tuesday, July 10, 2018

Congress passed the Cloud Act as part of an omnibus spending bill in March over the objection of many civil society groups, including the Center for Democracy & Technology (with which I am affiliated). The legislation, formally the Clarifying Lawful Overseas Use of Data Act, empowers the Justice Department to serve legal process authorized by the Electronic Communications Privacy Act (ECPA) on U.S. providers for data those companies control, no matter where the data is located. It also authorizes the department to enter into agreements with foreign governments allowing those governments to make direct demands to U.S. technology companies for content and metadata under their own laws in lieu of using existing mutual legal assistance treaties. Both parts of the law create implementation issues that will have to be resolved by the Justice Department, often in consultation with the State Department.

Originally Published on This Site.

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