Cross-Border Data Forum Bannner
Passage of the Cloud Act in the U.S. coupled with the newly adopted E-evidence Regulation in the EU offer real hope for a not-too-distant future where the rules for cross-border data demands by governments are more rational, proportionate, predictable, and transparent. Unfortunately, the path forward towards this vision has been complicated by myths painting these developments as a massive expansion of governmental authorities. The reality is that neither the Cloud Act nor the E-evidence Regulation represent a grant of sweeping [...]
In his recent Observatoire FIC article Lost in the Cloud? Law Enforcement Cross-border Access to Data After the “Clarifying Lawful Overseas Use of Data” (CLOUD) Act and E-Evidence, Professor Théodore Christakis of the University Grenoble Alpes provides a European view of the Cloud Act and a possible executive agreement between the U.S. and EU.  The article explains how the Microsoft Ireland case, the Cloud Act, and the proposed EU E-Evidence Regulation connect, and outlines potential obstacles including conflict between the [...]
In their Lawfare article A Possible EU-US Agreement on Law Enforcement Access to Data?, Daskal and Swire explain the current negotiations between the EU and the U.S. concerning the Cloud Act and the proposed EU “E-Evidence” Regulation. The article discusses key U.S. and EU legal issues that would need to be addressed in any EU/U.S. agreement, notably including how competence is shared for relevant issues between the EU and its Member States. [...]
In their Lawfare article Suggestions for Implementing the Cloud Act, Daskal and Swire set forth nine key issues the Justice Department faces regarding next steps for executive agreements under Section 5 of the Cloud Act, and propose four overarching goals they believe the Cloud Act legislation and agreements are meant to protect and promote, including: [...]