Cross-Border Data Forum Bannner

POSTS BY

Jennifer Daskal

Introductory note:  This set of FAQs  responds to questions from non-U.S. countries about the meaning and implications of the CLOUD Act.  Some questions have arisen from the European Union in connection with the CLOUD Act, and this paper seeks to address those questions specifically.   But it is important to note that countries outside of the EU are expected to seek executive agreements under the CLOUD Act as well. [...]
In her article Unpacking the CLOUD Act, Daskal seeks to demystify the recently enacted Clarifying Lawful Overseas Use of Data (CLOUD) Act, enacted in March 2018 by the U.S. government in an effort to address challenges faced by law enforcement in accessing data located across borders. The article explains the two parts of the act, dealing with: (i) U.S. access to data located outside the United States; and (ii) foreign government access to data held by U.S. companies within the [...]
In the IAPP article Announcing the new Cross-Border Data Forum, Professors Christakis, Daskal, and Swire introduce the Cross-Border Data Forum. The article explains the aims and role of the CBDF, including its four announced goals: [...]
In their IAPP article The Globalization of Criminal Evidence, Professors Christakis, Daskal, and Swire explain how the rise of cloud computing has led to “more than half of all investigation involv[ing] a cross-border request to access [electronic] evidence,” according to a 2018 report by the European Commission. The article examines how this globalization of criminal evidence is driving historic changes in the rules for law enforcement access to electronic communications and other records consistent with privacy and human rights protections. [...]