The U.S. and Australia are currently negotiating an executive agreement under the U.S. CLOUD Act. The pending Australian ‘Telecommunications Legislation Amendment (International Production Orders) Bill 2020’ (the ‘Bill’) is designed – amongst other things – […]
Introduction The 2019 international agreement between the United Kingdom and the United States on access to electronic evidence has attracted wide attention as a new tool of international assistance in criminal matters. Historically, countries […]
Peter Swire and Justin Hemmings’ article Overcoming Constitutional Objections to the CLOUD Act assesses potential facial and as-applied constitutional challenges to the CLOUD Act under the Fourth Amendment. The authors argue that – without a […]
The Cross-Border Data Forum (CBDF) is a 501(c)(4) non-profit group that addresses international data transfer policy issues.
The Cross-Border Data Forum (CBDF) seeks to promote and achieve four key goals:
- Fulfill legitimate law enforcement requests for data relevant to the investigation of serious crimes;
- Protect and promote privacy and human rights as essential to new legal approaches;
- Provide a workable regime for the companies holding data of interest to law enforcement;
- Safeguard the Internet by resisting calls to localize data and splinter the Internet.
The CBDF pursues these goals through the publication of scholarship and promotion of discussion around the creation, implementation, and reform of data transfer mechanisms including, but not limited to, the U.S. CLOUD Act, Standard Contractual Clauses, Mutual Legal Assistance Treaties, e-Evidence in the EU, and the U.S.-EU Privacy Shield.