On 7th May, US law firm Patterson Belknap Webb & Tyler LLP published an article saying that the DoJ White paper is the first official statement by the DoJ about the CLOUD Act – the Clarifying Lawful Overseas Use of Data Act.  The 2018 Act established revised procedures for government requests for data held by technology companies outside of the US, and followed a case in which Microsoft refused to produce email traffic stored on servers in Ireland.  The CLOUD Act –

  • allows the US government to complement MLAT by entering into agreements with foreign nations that meet certain requirements to obtain electronic data for law enforcement purposes; and
  • clarifies that communications service providers under United States jurisdiction may be required to provide data, regardless of where the service provider stores it.

The article says that the White Paper describes the policy and legal motivations for the CLOUD Act and details how it works within the existing framework governing international government co-operation when cross-border requests are made for electronic information.   The paper also contains a FAQ section.

The White Paper, published in April, is available at –

See also –

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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