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CLOUD Act Might Pass With Omnibus Spending Bill

Category: General News
Posted: 07:17AM

When looking for a file on a computer, it is going to be as easy as accessing the computer and looking for it, but when a file is in the cloud, the access and search becomes much more complicated, a fact US law enforcement has been running into. For some cases the information stored in the cloud is actually located on servers in another country, leading to the issue of if a company providing it to the law enforcement of one nation violates the laws of the one that actually contains the server within its borders. This is a very real issue as there is a case the Supreme Court is considering about whether the Department of Justice had the legal power to require Microsoft to turn over emails stored on a server in Ireland, without getting the permission of Ireland's government.

To address this the Clarifying Lawful Overseas Use of Data (CLOUD) Act has been drafted and is now part of the Omnibus spending bill. What the CLOUD Act will provide is a legal framework for law enforcement to request data from overseas servers, something technology companies and law enforcement desire. This framework would not be one-sided either but also provide a basis for reciprocal treaties with other nations, for requests of data from computers within each other's borders. By passing the CLOUD Act, the pending Supreme Court decision would be rendered moot and substantially reduce the amount of time it takes to navigate treaties to collect evidence, which can take years currently.

Source: Axios

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