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LAWFARE – The UK-US E-Evidence Agreement: Practical Impact, Current Threats, and Implications for Europe

After more than two years in effect, the U.K.-U.S. Data Access Agreement (an “e-evidence agreement” enabled by the U.S. Clarifying Lawful Overseas Use of Data (CLOUD) Act) has proved a game-changer for the United Kingdom’s law enforcement agencies, which have made tens of thousands of real-time intercept requests directly to U.S. service providers. U.S. law enforcement agencies have made much more limited use of the agreement, primarily because little of the investigative data they need is held by U.K. providers.  The U.S. Department of Justice also has expressed muted disappointment with aspects of U.K. implementation. This article, by U.S. and U.K. ex-government officials, explores the reasons behind this initial experience. 
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Protecting Cybersecurity: Richard Salgado Urges Congress to Fortify the CLOUD Act

In testimony before the House Judiciary Subcommittee on June 5, 2025, Richard Salgado, Visiting Fellow on Security and Surveillance at the Cross-Border Data Forum, founder of Salgado Strategies, and a former DOJ prosecutor and Google executive, called the CLOUD Act the right framework for addressing growing threats to U.S. cybersecurity. These threats include a reported effort by the UK to secretly force Apple to weaken a global security feature. Salgado warned that such secret actions by foreign governments can harm American users, weaken global trust in U.S. companies, undermine security in the communications ecosystem, and benefit foreign competitors. 
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FROM BUDAPEST TO HANOI: COMPARING THE COUNCIL OF EUROPE AND UNITED NATIONS CYBERCRIME CONVENTIONS

Kenneth Propp and DeBrae Kennedy-Mayo analyze the new and controversial United Nations Cybercrime Convention in comparison to the long-established Council of Europe Cybercrime Convention. 
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Executive Orders Cannot Override Statutory Protections for Government Access to User Data

In both the SCA and FISA, Congress has laid out clear rules governing access to stored data, and the President does not have the constitutional or statutory authority to issue contrary rules through executive order that override these congressional pronouncements.
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LAWFARE – First Insights Into the U.S.-U.K. CLOUD Act Agreement

A Justice Department report reflects early success and shortcomings of the UK and US CLOUD Act agreement, especially around protecting cybersecurity. In a recent Lawfare article, Richard Salgado extracts insights from this first-of-its kind report, and identifies the changes that Congress and the Justice Department need to make in order for the CLOUD Act to achieve its purpose.
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WHEN SHOULD PERSONAL DATA BE CONSIDERED A DUAL USE TECHNOLOGY?

This webinar discusses the most recent legal and policy changes on cross border data flows in the U.S. and China.
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