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Bill > S2383


US S2383

CLOUD Act Clarifying Lawful Overseas Use of Data Act


summary

Introduced
02/06/2018
In Committee
02/06/2018
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

115th Congress

Bill Summary

CLOUD Act Clarifying Lawful Overseas Use of Data Act

AI Summary

This bill, the Clarifying Lawful Overseas Use of Data (CLOUD) Act, amends existing communications laws to improve law enforcement's ability to access data stored across borders. Key provisions include: - Requiring providers of electronic communication or remote computing services to comply with obligations to preserve and disclose communications and records, regardless of whether the data is located within or outside the United States. - Establishing a process for providers to challenge legal orders that would compel them to violate the laws of a "qualifying foreign government" with which the U.S. has an executive agreement, based on a "comity analysis" by the court. - Authorizing the Attorney General to certify executive agreements with foreign governments that afford robust data privacy protections, allowing providers to disclose data to those governments under certain conditions. - Making various amendments to existing communications laws to align with the new executive agreement framework. The bill aims to resolve conflicts of law that have impeded law enforcement access to data stored internationally, while establishing safeguards for the protection of civil liberties and the global free flow of information.

Committee Categories

Justice

Sponsors (11)

Last Action

Read twice and referred to the Committee on the Judiciary. (on 02/06/2018)

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