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Clarifying Lawful Overseas Use of Data (CLOUD) Act - US Provider Obligation to Produce Data Stored Abroad, Executive Agreement Framework for Bilateral Data Access, Comity Challenge Procedure, Conflict of Laws Analysis and DOJ Guidance on Qualifying Executive Agreements

The CLOUD Act enables the U.S. to enter into bilateral executive agreements with foreign countries that have robust privacy and civil liberties…

What Clarifying Lawful Overseas Use of Data (CLOUD) Act - US Provider Obligation to Produce Data Stored Abroad, Executive Agreement Framework for Bilateral Data Access, Comity Challenge Procedure, Conflict of Laws Analysis and DOJ Guidance on Qualifying Executive Agreements requires

The CLOUD Act enables the U.S. to enter into bilateral executive agreements with foreign countries that have robust privacy and civil liberties protections, allowing those countries to request electronic data directly from U.S.-based service providers for the purpose of countering serious crime, provided the data is subject to U.S. jurisdiction under the Stored Communications Act. It also clarifies that U.S. providers must comply with lawful orders for data regardless of where the data is stored. See CLOUD Act, March 2018.

Pillar: Cybersecurity · Authority: U.S. Department of Justice · Version: 1.0.1 · Last updated:

Primary source: https://www.justice.gov/dag/cloudact

SHA-256 integrity: 01295315d67573c1871d2eba1153fb66562aabcc05d769b5d8cdcc95cf95f4fb

Primary Citations — 5 traced to source

  • CLOUD Act, https://www.justice.gov/dag/cloudact, March 2018, 2018
  • U.S. Department of Justice, "Promoting Public Safety, Privacy, and the Rule of Law Around the World: The Purpose and Impact of the CLOUD Act," White Paper, https://www.justice.gov/dag/cloudact, April 2019, 2019

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