Just Security – Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement

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Professor Jennifer Daskal’s Just Security article Correcting the Record: Wiretaps, the CLOUD Act, and the US-UK Agreement responds to Albert Gidari’s criticisms of the wiretapping provisions in the US-UK CLOUD Act Agreement.  Gidari’s article accurately describes the possibility that U.S.-ordered wiretaps can be used to listen to conversations of individuals located outside the territorial borders of the U.S., subject to heightened substantive and procedural requirements that govern the issuance of wiretaps by U.S. authorities.  Daskal’s article points out that the possibility that U.S. wiretaps could pick up the conversation of foreigners. was true both before and after the CLOUD Act.  Contrary to Gidari’s suggestion, the CLOUD Act does not grant the U.S. new authorities that it did not previously have.

Daskal’s article distinguishes what authorities existed before the CLOUD Act and the US-UK Agreement, what is new, and why the Agreement does not in any way expand or change U.S. wiretapping authorities.

To read the full article, please click here.
 
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