News & Analysis as of

Electronically Stored Information CLOUD Act

Dechert LLP

Overseas Production Orders – Where are we now?

Dechert LLP on

In March 2019 Dechert reported that the Crime (Overseas Production Orders) Act 2019 (the “COPO Act”) had granted UK authorities new extra-territorial powers....more

White & Case LLP

Data Sharing Without Borders

White & Case LLP on

UK law enforcement can now obtain an order against a person in or operating in the US for the production of or access to electronic data under a new ‘landmark’ US-UK data sharing agreement. The agreement has been heralded...more

Bond Schoeneck & King PLLC

The CLOUD Act: Where International Data Privacy and Law Enforcement Collide

The Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), a United States federal law, will be celebrating its two-year anniversary on March 23, 2020. It was effectively, and primarily, an amendment to the Stored...more

Epiq

When a Deal Goes Wrong, Possession is Not Nine-Tenths of the Law

Epiq on

The ways that businesses communicate have changed a great deal over the past twenty years. In the good ol’ days, most communicative dealings happened in a prestigious boardroom or over the phone, with no record of exactly...more

Society of Corporate Compliance and Ethics...

US signs CLOUD Act agreements with Australia and the United Kingdom

CEP Magazine, December 2019 - The US forged two agreements in the span of a week regarding the sharing of electronic data for law enforcement purposes with the governments of Australia and the UK. The agreements help each...more

Davis Wright Tremaine LLP

“CLOUD”s On the Horizon – How Law Enforcement Electronic Data Requests Are Going Global

Companies storing or moving large quantities of digital information routinely receive subpoenas, court orders and warrants from United States law enforcement seeking subscriber information and related data and records....more

Eversheds Sutherland (US) LLP

The CLOUD Act - A cross-border data access agreement rises from the fog

On October 3, 2019, the United States and the United Kingdom entered into the world’s first ever agreement (the Agreement) under the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), the text of which has now become...more

Dechert LLP

The Long Arm of UK Law Enforcement Reaches a Handshake Deal with U.S. DOJ on UK-U.S. Electronic Data

Dechert LLP on

The UK Home Office and the U.S. Department Of Justice (“DOJ”) have signed an agreement (the “Agreement”) which will enable British and U.S. law enforcement agencies to compel UK and U.S. cloud service providers (“CSPs”) to...more

Fox Rothschild LLP

EU Agencies Issue Joint Response On Impact Of US CLOUD Act

Fox Rothschild LLP on

“Currently, unless a US CLOUD Act warrant is recognized or made enforceable on the basis of an international agreement, the lawfulness of such transfers of personal data cannot be ascertained” – EDPB/EDPS Joint response on...more

Dechert LLP

Actual Impact of 2018 U.S. CLOUD Act Still Hazy

Dechert LLP on

Over a year following enactment of the U.S. “Clarifying Lawful Overseas Use of Data” or CLOUD Act, significant questions remain unanswered about the law and its potential impact on global investigations involving cloud stored...more

Patterson Belknap Webb & Tyler LLP

After a Year on the Books, DOJ Releases White Paper on CLOUD Act

In its first official statement about the CLOUD Act – the Clarifying Lawful Overseas Use of Data Act – the U.S. Department of Justice has published a white paper, “Promoting Public Safety, Privacy and the Rule of Law Around...more

Kelley Drye & Warren LLP

DOJ Releases CLOUD Act White Paper and FAQ

Earlier this month, the Department of Justice released a White Paper and FAQ on the Clarifying Lawful Overseas Use of Data (CLOUD) Act. Enacted in March 2018, the CLOUD Act attempts to resolve the legal conflicts that arise...more

A&O Shearman

Growing pressure on technology companies to disclose customer data quickly

A&O Shearman on

The U.S., EU and the UK authorities have taken steps to make it much easier and quicker for criminal investigators to access electronic data stored abroad. Digital evidence is required in many cases – around 85% of EU...more

Dechert LLP

The Long Arm of the Law Gets Longer – UK Introduces Overseas Production Orders

Dechert LLP on

On February 12 2019 the Crime (Overseas Production Orders) Act 2019 (the “COPO Act”) came into force in the UK. This new law gives UK authorities (including the Serious Fraud Office (“SFO”) and the Financial Conduct Authority...more

Hogan Lovells

Demystifying the U.S. CLOUD Act - Assessing the law’s compatibility with international norms and the GDPR

Hogan Lovells on

Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage...more

Sheppard Mullin Richter & Hampton LLP

Foreign Companies: Does the U.S. Government Now Have Access to Your Overseas Data?

The United States government has a powerful new tool to gain access to data stored overseas – the CLOUD Act, which was enacted this spring. If you are a company based overseas, particularly if you use a cloud service provider...more

BakerHostetler

The CLOUD Act and the Warrant Canaries That (Sometimes) Live There

BakerHostetler on

The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Gives Google Reprieve to Resolve Overseas Warrant Dispute

A federal appeals court is giving Google and the Justice Department more time to work out their differences in a standoff over whether the tech giant must hand over customer emails stored outside of the United States....more

Kilpatrick

US v. Microsoft Litigation Update: Supreme Court Dismisses Case as Moot After Congress Amends Stored Communications Act

Kilpatrick on

In January, I wrote a blog about the landmark case of United States v. Microsoft Corp. pending before the United States Supreme Court. You can read that blog here. The issue before the Court was whether a United States-based...more

Foley & Lardner LLP

The CLOUD Act's Dramatic Impact on International Privacy Laws

Foley & Lardner LLP on

Just when the European Union's General Data Protection Regulation, or GDPR, was about to go into effect, the United States Congress created the CLOUD Act (Clarifying Overseas Use of Data). Without any public hearings,...more

Wilson Sonsini Goodrich & Rosati

Congress Enacts the CLOUD Act, Granting Law Enforcement Access to Information Stored Abroad, and Mooting U.S. v. Microsoft

On March 23, 2018, President Trump signed into law the Consolidated Appropriations Act, 2018, which contained a section entitled the Clarifying Lawful Overseas Use of Data (CLOUD) Act. The CLOUD Act significantly revises the...more

Holland & Hart LLP

The CLOUD Act: Where It Sheds Light and Where Shadows Remain

Holland & Hart LLP on

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) amends the Stored Communications Act (SCA) and moots the Supreme Court's consideration of a dispute between the U.S. government and Microsoft over whether Microsoft...more

Wilson Sonsini Goodrich & Rosati

Congress Reshapes Legal Requirements for International Access to Communications Information with the CLOUD Act

On April 17, 2018, at the request of both sides of United States v. Microsoft Corp., the U.S. Supreme Court remanded and dismissed one of the most closely watched privacy cases of the last several years just a few weeks after...more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Rules Microsoft Case Moot as CLOUD Act Becomes Law

The Clarifying Lawful Overseas Use of Data Act (CLOUD Act) was recently signed into law as part of the omnibus appropriations bill. ...more

Foley & Lardner LLP

CLOUD Act dramatically changes international privacy laws (and eDiscovery)!

Foley & Lardner LLP on

Without any public hearings, review, or public comment Congress created the CLOUD Act which was signed into law as part of the $1.3 trillion government spending bill which changed the 1986 Stored Communications Act (SCA). The...more

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