Justice Department releases white paper on CLOUD Act

By Carrie Bradon | Apr 24, 2019

WASHINGTON (Legal Newsline) – The U.S. Department of Justice announced April 10 the publication of a white paper on the Clarifying Lawful Overseas Use of Data Act, or CLOUD Act.

Enacted in March 2018, the CLOUD Act revises the legal framework in which law enforcement authorities can request electronic evidence in order to protect public safety from service providers while ensuring that they maintain the privacy interest as well as foreign sovereignty requirements.

There are two parts to the CLOUD Act. The Act allows the U.S. to enter into bilateral agreements that will allow foreign partners to access electronic evidence in order to fight serious crime. Secondly, the Act will make firm the principle that a company under U.S. jurisdiction “can be required to produce data within its custody and control,” a press release states.

"As today’s white paper makes clear, the department will be proactive in working, both in the United States and abroad, to promote greater understanding and appreciation of what the CLOUD Act accomplishes," Deputy Attorney General Rod Rosenstein said in a press release. "We look forward to working with our trusted foreign law enforcement partners on CLOUD agreements that will make all our citizens safer."

The CLOUD Act should decrease the time required to transfer electronic evidence, thus making legal processes faster in the U.S. and partner countries.

The full white paper is available here.

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