Cross-Border Data Forum Bannner

CLOUD Act Agreements, EU-US e-Evidence Negotiations and Beyond

CBDF is pleased to share the below recording of the Roundtable on April 3, 2024 co-hosted by CBDF and the Center for Strategic and International Studies. The event took place at CSIS in Washington, D.C., with the title CLOUD Act Agreements, EU-US e-Evidence Negotiations and Beyond.  Since its founding in 2018, CBDF-associated authors have published numerous publications on CLOUD Act, e-Evidence, and related topics.

This event featured leading experts who addressed issues including: (1) the status and potential of U.S. executive agreements with other countries, in addition to the current agreements with the United Kingdom and Australia; (2) the current negotiations between the U.S. and the European Union on an agreement that would enable EU member state access to evidence stored in the U.S., while addressing ongoing privacy and human rights concerns of both parties to the negotiation; and (3) potential future developments to enable lawful access to evidence for law enforcement purposes, consistent with privacy and human rights protections.

The CLOUD Act, enacted in 2018, is important for issues of government access to data for law enforcement purposes, for two major reasons.  First, in an era of the globalization of criminal evidence, where evidence is often stored in a different country, law enforcement in the requesting country often faces obstacles in obtaining the content of communications held in the United States.  The CLOUD Act authorizes the U.S. to negotiate executive agreements with other countries, to speed the availability of evidence consistent with privacy and human rights protections.  Second, other countries have expressed concerns about the extra-territorial effect of the part of the CLOUD Act that authorizes the U.S. to access evidence, with a court order, even when that evidence is held overseas, so long as there is “possession, custody, or control” in the U.S.

Expert panelists included:

Vanessa Franssen, Professor, University of Liège
Kenneth Propp, Senior Fellow, Atlantic Council’s Europe Center and the CBDF
Théodore Christakis, Professor, University Grenoble Alpes (France); and European Research Director, CBDF
Richard Salgado, Lecturer, Stanford Law School; and Visiting Fellow, CBDF
Peter Swire, Professor, Georgia Tech; and Research Director, CBDF

Click below to view the full roundtable session:

CLOUD Act Agreements, EU-US e-Evidence Negotiations, and Beyond

The conversation begins at approx. 05:19.



These statements are attributable only to the author, and their publication here does not necessarily reflect the view of the Cross-Border Data Forum or any participating individuals or organizations.