The Clarifying Lawful Overseas Use of Data (CLOUD) Act is primarily intended to do which of the following?
The Clarifying Lawful Overseas Use of Data (CLOUD) Act is primarily intended to do which of the following?
The Clarifying Lawful Overseas Use of Data (CLOUD) Act is intended primarily to update the legal mechanisms through which federal law enforcement may obtain data that service providers maintain in a foreign country. This act addresses cross-border data access issues, ensuring that law enforcement can compel disclosure of data regardless of where it is stored, and establishes a legal framework for international data sharing between law enforcement agencies in different countries.
The CLOUD Act, part of an appropriations bill passed in March 2018, marks a major change in how cross-border access to evidence may develop. Part 1 of the act addresses how the DOJ can access content of communications held by companies located in the United States Part 2 of the act creates a new mechanism for other countries to access the content of communications held by U.S. service providers The first part of the CLOUD Act resolved this legal issue, providing that the kind of compelled disclosure orders at issue in the Microsoft Ireland case applies “regardless of whether such communication, record, or other information is located within or outside of the U.S.” The second part of the CLOUD Act creates a new mechanism for other countries to access the content of communications held by U.S. service providers. This statutory mechanism is intended to address this major concern faced by foreign law enforcement.