The Clarifying Lawful Overseas Use of Data (CLOUD) Act is primarily intended to do which of the following?
A.
Codify a treaty with the EU that permits the cross-border transfer of personal information from the EU to the United States in compliance with the General Data Protection Regulation (GDPR).
B.
Update the legal mechanisms through which federal law enforcement may obtain data that service providers maintain in a foreign country.
C.
Establish baseline privacy obligations that U.S. companies must comply with for personal information, even if stored in a foreign country.
D.
Prohibit foreign companies from using the personal information of U.S. citizens without their consent.
The CLOUD Act, part of an appropriations bill passed in March 2018, marks a major change in how cross-border access to evidence may develop.
Part 1 of the act addresses how the DOJ can access content of
communications held by companies located in the United States
Part 2 of the act creates a new mechanism for other countries to access
the content of communications held by U.S. service providers
The first part of the CLOUD Act resolved this legal issue, providing that the kind of compelled disclosure orders at issue in the Microsoft Ireland case applies “regardless of whether such communication, record, or other information is located within or outside of the U.S.”
The second part of the CLOUD Act creates a new mechanism for other
countries to access the content of communications held by U.S. service providers. This statutory mechanism is intended to address this major concern faced by foreign law enforcement.
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Bhimesh
7 months, 2 weeks ago