DOJ RELEASES WHITE PAPER ON CLOUD ACT

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.

https://www.jdsupra.com/legalnews/after-a-year-on-the-books-doj-releases-85210/

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

https://www.justice.gov/opa/press-release/file/1153446/download

See also –

https://www.justice.gov/dag/cloudact

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

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s