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Bill > HR4943


US HR4943

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 Act or the CLOUD Act, amends current communications laws to improve law enforcement access to data stored across borders. The key provisions include: 1) Requiring electronic communications service providers to comply with legal orders to disclose communications and records, regardless of whether the data is located within or outside the United States. 2) Establishing a process for providers to challenge legal orders that would violate the laws of certain qualifying foreign governments, based on a comity analysis by the court. 3) Allowing providers to disclose to qualifying foreign governments the existence of legal orders seeking customer communications, and providing reciprocal rights for U.S. authorities to access data held by foreign providers. 4) Establishing requirements for executive agreements between the U.S. and foreign governments on access to electronic data, including provisions to protect privacy and civil liberties. These agreements would allow qualifying foreign governments to obtain data from U.S. providers, and U.S. authorities to obtain data from providers in those countries. The bill aims to address conflicts between U.S. and foreign laws regarding cross-border data access, while maintaining safeguards for privacy and civil liberties.

Committee Categories

Justice

Sponsors (11)

Last Action

Referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (on 02/06/2018)

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