Last fall, the United Kingdom and United States announced the first executive agreement under the CLOUD Act.  The 180 days for Congress to disapprove the agreement expired on July 8, without the House or the Senate holding public hearings or taking any formal action on the agreement.  According to a July 16 interview with the U.S. Department of Justice, the agreement will take effect after an exchange of diplomatic notes, which has not yet occurred. The Cross-Border Data Forum, with [...]

How do African law enforcement authorities access African data held by US companies for the purpose of legitimate criminal investigations? How―and to what extent― can African countries benefit from the cross-border data access reform initiatives emerging in Europe and the US? How should African stakeholders approach the internet’s increasing cross-border legal challenges? These are some of the questions raised at one of the sessions of the recent virtual conference hosted by the Internet & Jurisdiction Policy Network (I&J) in partnership [...]

The world’s first cybercrime treaty is undergoing an update.  When the Budapest Convention was drafted approximately 20 years ago, the treaty focused on harmonizing laws and increasing cooperation across borders so that a range of cybercrime, such as a denial of service attack or the release of a computer virus, could be prosecuted in the multiple countries affected.  It was written before the exponential growth in Internet usage, the development of cloud computing, and the digitalization of just about every [...]