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:
(i) Fulfill legitimate law enforcement requests for data relevant to the investigation of serious crimes;
(ii) Protect and promote privacy and civil liberties in the United States and globally;
(iii) Provide a workable regime for the companies holding data of interest to law enforcement; and
(iv) Safeguard the Internet by resisting calls to localize data and splinter the Internet.
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