Hatch, Collins Lead Filing of Cloud Act on Law Enforcement Access to Overseas Data
Sen. Orrin Hatch, R-Utah, and House IP Subcommittee Vice Chairman Doug Collins, R-Ga., led filing Tuesday of the Clarifying Lawful Overseas Use of Data (Cloud) Act, as expected (see 1802050057). It would establish a formal framework to resolve disputes over…
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law enforcement access to communications and data stored on overseas servers via international bilateral agreements. Sen. Chris Coons, D-Del., and Rep. Hakeem Jeffries, D-N.Y., were lead Democratic sponsors. “We need a commonsense framework to help law enforcement obtain critical information to solve crimes while at the same time enabling email and cloud computing providers to comply with countries’ differing privacy regimes,” Hatch said. “I am encouraged that the legal framework included in today’s bill is supported by law enforcement and the tech community,” Coons said. The act “would help address these issues by establishing a clear mechanism for U.S. law enforcement to seek some data stored abroad, while also providing a balanced legislative framework that permits requests from foreign investigators whose countries remove conflicts of law, raise privacy standards, and respect human rights,” said Computer & Communications Industry Association President Ed Black. “Passing the [Cloud] Act would be a critical step to safeguard our citizens’ privacy rights, ensure law enforcement has the tools they need to protect us, and enhance cooperation between governments,” said TechNet CEO Linda Moore.